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South Dakota’s Cannabis and Hemp Laws
Medical
No. However, South Dakota will allow voters to decide on Measure 26 in the November 2020 elections, which will decide if South Dakota legalized medical marijuana.
Legal Personal Possession Weight
None. Currently, South Dakota has one of the most strict anti-marijuana laws in the nation. Carrying 2-ounces or less will result in a criminal charge, such as a misdemeanor. 2-ounces and above is considered a felony charge.
Source
https://norml.org/states/item/south-dakota-penalties-2?category_id=886
Recreational
No
Legal Personal Possession Weight
None. Currently, South Dakota has one of the most strict anti-marijuana laws in the nation. Carrying 2-ounces or less will result in a criminal charge, such as a misdemeanor. 2-ounces and above is considered a felony charge.
Source
https://norml.org/states/item/south-dakota-penalties-2?category_id=886
Grow Your Own
No
Plant Count
Currently, South Dakota doesn’t allow the cultivation of cannabis. If caught growing cannabis, the law stipulates that the aggregate weight of the plants will determine the punishment. If greater than 2-ounces, the charge is possession with the intent to distribute, which is a felony.
Source
https://norml.org/states/item/south-dakota-penalties-2?category_id=886
Is Caregiving Allowed
No
Plant Count
Currently, South Dakota doesn’t allow the cultivation of cannabis. If caught growing cannabis, the law stipulates that the aggregate weight of the plants will determine the punishment. If greater than 2-ounces, the charge is possession with the intent to distribute, which is a felony.
Weight
None. Currently, South Dakota has one of the most strict anti-marijuana laws in the nation. Carrying 2-ounces or less will result in a criminal charge, such as a misdemeanor. 2-ounces and above is considered a felony charge.
License Cost
South Dakota has yet to legalize recreational or medical marijuana. There are currently no cannabis licenses available to businesses or individuals alike.
Which Organization Manages Licenses?
None. Currently, South Dakota classifies cannabis as a Schedule I drug. This means that there is a zero-tolerance policy in regards to cannabis sales, cultivation, distribution, or processing.
Source
https://norml.org/states/item/south-dakota-penalties-2?category_id=886
Vertical or Horizontal Cannabis License for Business
Which Organization Manages Licenses?
None. Currently, South Dakota classifies cannabis as a Schedule I drug. This means that there is a zero-tolerance policy in regards to cannabis sales, cultivation, distribution, or processing.
Total Cannabis License Cost
N/A. All forms of cannabis are illegal in South Dakota.
Dispensary License Cost
N/A. All forms of cannabis are illegal in South Dakota.
Cultivation License Cost
N/A. All forms of cannabis are illegal in South Dakota.
Transportation License Cost
N/A. All forms of cannabis are illegal in South Dakota.
Disposal License Cost
N/A. All forms of cannabis are illegal in South Dakota.
CBD or Hemp License/Program (Yes or No)
South Dakota just recently passed legislation that allows the cultivation and distribution of hemp. However, the government of South Dakota has yet to release license applications for the 2020 growing season.
Information regarding the licensing programs can be found here:
Which Organization Manage Licenses?
South Dakota Department of Agriculture.
Information regarding the licensing programs can be found here:
Cultivation License
Information regarding the licensing programs can be found here:
Manufacturing License
Information regarding the licensing programs can be found here:
Retail License
Information regarding the licensing programs can be found here:
Food License
Information regarding the licensing programs can be found here:
FAQs
Where Can You Legally Consume Cannabis in South Dakota?
It’s illegal to consume cannabis in South Dakota. Cannabis users who test positive for marijuana use face a criminal charge (misdemeanor).
Driving Under the Influence in South Dakota
It’s illegal to drive under the influence of cannabis in South Dakota. Not only will a DUI be issued, but so will possession. If you are caught with a marijuana-based DUI, a short jail sentence is likely, along with fees and a criminal record.
Can You Transport Marijuana in South Dakota?
Absolutely not. All forms of marijuana are illegal in the state of South Dakota. Depending on the amount, you may be charged with possession or possession with intent to distribute.
Can You Export Marijuana from South Dakota?
No. Cannabis is illegal in South Dakota. Crossing state lines with cannabis is both a state and a federal offense.
Can You Legally Buy CBD Oil in South Dakota?
According to South Dakota’s new legislation, along with the 2018 Farm Bill, CBD products are legal in South Dakota. However, finding CBD retailers is not easy in South Dakota.
What’s The Status of Medical Marijuana in South Dakota?
Currently, Measure 26 is scheduled for a vote in the November 2020 election. If passed, South Dakota will legalize medical marijuana.
