In South Dakota, recreational cannabis is illegal, medical cannabis is legal, and delta-8 THC is banned.
Last verified October 24, 2026 · Last major change July 2026
Illegal. Illegal. Voters approved legalization in 2020, but the state Supreme Court struck it down; voters rejected later measures in 2022 and in November 2024 (Initiated Measure 29, 55.5% no).
Legal. Voter-approved card program (Initiated Measure 26, 2020) with licensed dispensaries for debilitating conditions; patients may possess up to 3 oz.
Cardholders can buy flower, pre-rolls, concentrates, vapes, edibles, tinctures, capsules and topicals at licensed dispensaries; smoking or vaping is not allowed in public places, on public transportation, or by anyone under 21. Limits: No potency cap on flower or concentrates. Edibles (other than tinctures, oils and capsules) are capped at 50 mg THC per serving and 500 mg per multi-serving package. Possession is 3 oz of cannabis or rule-set product equivalents per 1 oz (e.g., 8 g concentrate or vape, 2,000 mg THC in edibles).
Selling hemp products made with chemically converted cannabinoids has been banned since 2024 (HB 1125). A 2026 law (SB 45) added THCA to the under-21 sales ban; a broader ban (SB 61) failed in the Senate in January 2026.
Banned. Making or selling hemp products with chemically converted cannabinoids, such as delta-8, delta-10, THC-O, HHC and THCP, is a Class 2 misdemeanor (up to 30 days in jail and a $500 fine).
Possession of 2 oz or less is a Class 1 misdemeanor, up to 1 year in jail and a $2,000 fine.
In danger. Federal law excludes hemp products over 0.4 mg total THC per container from Dec. 11, 2026; that covers the hemp THC products adults can legally buy in South Dakota today.
In danger on this tracker: In a state where recreational cannabis is not legal, an enacted law, court ruling or enforcement action is removing THC products adults can legally buy today.