South Dakota Marijuana Laws

Introduction

South Dakota marijuana landscape has undergone significant changes in recent years, with the state legalizing medical cannabis in 2020 while maintaining restrictions on recreational use. This comprehensive guide explores the current legal status of marijuana in South Dakota, detailing the regulations for both businesses and users. From medical marijuana programs to potential recreational legalization efforts, we’ll cover everything you need to know about South Dakota marijuana laws in 2024.

Overview of Marijuana Laws

• South Dakota legalized medical marijuana in 2020, with the program becoming operational in 2021. Recreational marijuana remains illegal in the state, although some local jurisdictions have decriminalized small quantities of cannabis. On the 2024 ballot, South Dakota voters will have the opportunity to decide on Initiated Measure 29, which seeks to legalize recreational marijuana for adults 21 and older, allowing them to possess up to two ounces and cultivate up to six plants for personal use.

Recreational Marijuana Laws

• Current Status: Recreational marijuana is currently illegal in South Dakota.
• How to Legally Obtain Recreational Marijuana: There is no legal way to obtain recreational marijuana in South Dakota at this time.

Medical Marijuana in South Dakota

• Eligibility and Requirements: Patients with qualifying medical conditions can apply for a medical marijuana card. Qualifying conditions include severe debilitating pain, severe nausea, seizures, and muscle spasms.
• How to Obtain a Medical Marijuana Card: Patients must first receive certification from a qualified healthcare practitioner. They can then apply for a registry identification card through the South Dakota Department of Health.

Business Licensing for Marijuana Operations

• Types of Licenses Required: South Dakota offers licenses for cultivation, manufacturing, dispensing, and testing of medical marijuana.
• Application Process: Businesses must apply through the Department of Health and pay a non-refundable application fee. Local approval is also required, and some municipalities have caps on the number of dispensaries allowed. Application process walkthrough can be found here.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: Medical marijuana is subject to the state’s 4.2% sales tax. Additional municipal taxes may apply if the sale occurs within city limits.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: The medical marijuana program became operational in 2021.
• Proposed Legislation and Potential Impact: South Dakota has a new marijuana initiative on the 2024 ballot. This measure, titled Initiated Measure 29, will give voters the opportunity to legalize recreational marijuana. If passed, the measure would allow individuals 21 and older to use, possess, and distribute marijuana within certain limits. It would also permit restricted home cultivation.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possession of up to 1 ounce is decriminalized in some jurisdictions. Larger amounts can result in misdemeanor or felony charges.
• Penalties for Illegal Sales or Distribution: Illegal sales or distribution can result in felony charges with significant fines and imprisonment.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: Only licensed dispensaries can sell medical marijuana. Products must be properly labeled and tested.
• Distribution and Supply Chain Requirements: All marijuana products must be tracked from seed to sale using the state’s traceability system.
• Compliance with State and Local Laws: Businesses must comply with both state regulations and any additional local ordinances.

Personal Use and Possession Regulations

• Limits on Possession: Medical marijuana patients can possess up to 3 ounces of cannabis flower every 14 days.
• Public Use Restrictions: Consumption of marijuana in public places is prohibited.

Hemp Business Legality in South Dakota

• Legalization Date: Hemp was legalized in South Dakota in 2020.
• Licensing Requirements: Hemp growers and processors must obtain licenses from the South Dakota Department of Agriculture and Natural Resources.
• Regulatory Compliance: Hemp businesses must comply with state regulations, including THC testing requirements.

Frequently Asked Questions

Is home cultivation of South Dakota marijuana legal?

Medical marijuana patients in South Dakota can grow up to four cannabis plants at home. This provision is strictly for registered patients and caregivers, not for recreational users.

What’s the legal status of CBD in South Dakota?

CBD derived from hemp with less than 0.3% THC is legal in South Dakota. This aligns with federal law and allows for the sale and possession of hemp-derived CBD products throughout the state.

Is possession of marijuana legal in South Dakota?

In South Dakota, medical marijuana is legal for registered patients, but recreational use remains illegal. Possession of 2 ounces or less is a Class 1 misdemeanor, while larger amounts carry harsher penalties. Despite voter approval for recreational use in 2020, the measure was overturned in court.

Can South Dakota employers discriminate against medical marijuana patients?

South Dakota employers are not required to accommodate medical marijuana use in the workplace. They may still enforce drug-free workplace policies and take action against employees who use marijuana, even if it’s for medical purposes.

Does South Dakota recognize out-of-state medical marijuana cards?

South Dakota currently does not have reciprocity agreements with other states for medical marijuana. Patients with out-of-state cards cannot legally purchase or possess marijuana in South Dakota.

Is it legal to transport medical marijuana across South Dakota state lines?

Transporting South Dakota marijuana across state lines is illegal under both state and federal law. This applies to both bringing marijuana into South Dakota and taking it out of the state.

What are the age restrictions for medical marijuana in South Dakota?

Patients under 18 in South Dakota need a designated caregiver to obtain and administer medical marijuana. The caregiver must be at least 21 years old and meet other state requirements.

Can individuals use medical marijuana while on probation or parole in South Dakota?

The use of medical marijuana while on probation or parole in South Dakota is determined on a case-by-case basis. The decision is made by the court or parole board, considering the individual’s circumstances and treatment needs.

Can you smoke marijuana in public in South Dakota?

Consumption of medical marijuana is not allowed in public places or while operating a vehicle in South Dakota. Patients are advised to use their medication in private residences or other approved locations.

Can South Dakota landlords prohibit medical marijuana use on their property?

Yes, landlords in South Dakota can prohibit the use and cultivation of marijuana on their property. This applies even to registered medical marijuana patients, as property owners have the right to set rules for their premises.

What are the advertising regulations for medical marijuana businesses in South Dakota?

There are strict restrictions on advertising medical marijuana businesses in South Dakota, particularly to minors. Businesses must comply with state regulations that limit the content, placement, and format of cannabis-related advertisements.

Conclusion

South Dakota marijuana laws continue to evolve, with medical use now legal and ongoing discussions about recreational legalization. The state’s medical cannabis program serves over 10,000 patients, providing relief for various qualifying conditions. As South Dakota prepares for a potential recreational marijuana ballot measure in November 2024, both businesses and users must stay informed about current regulations to ensure compliance with state and local laws. Whether you’re a patient, caregiver, or entrepreneur interested in the cannabis industry, understanding South Dakota marijuana laws is crucial for navigating this rapidly changing landscape.