State Law Tracker · South Dakota

Cannabis and hemp law in South Dakota

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

RecreationalIllegal MedicalLegal Delta-8Banned

Is recreational cannabis legal in South Dakota?

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).

Is medical cannabis legal in South Dakota?

Legal. Voter-approved card program (Initiated Measure 26, 2020) with licensed dispensaries for debilitating conditions; patients may possess up to 3 oz.

What can medical patients buy in South Dakota?

FlowerYesSmokingAllowedVapesYesEdiblesYes

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).

What are the rules for hemp products in South Dakota?

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.

Is delta-8 THC legal in South Dakota?

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).

What happens if you break the law in South Dakota?

Possession of 2 oz or less is a Class 1 misdemeanor, up to 1 year in jail and a $2,000 fine.

Is cannabis or hemp law changing in South Dakota?

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.

Sources

  1. mylrc.sdlegislature.gov/api/Documents/SessionLaw/266883.pdf?Year=2024
  2. www.yahoo.com/news/articles/bill-ban-sale-pot-delta-170823661.html
  3. sdlegislature.gov/api/Statutes/22-42-6.html?all=true
  4. www.dakotanewsnow.com/2024/11/06/south-dakotans-vote-no-recreational-marijuana-again
  5. www.akerman.com/en/perspectives/congress-approves-one-month-delay-of-federal-hemp-thc-restrictions.html
  6. www.yahoo.com/news/articles/state-senate-says-no-debate-232403375.html
  7. sdlegislature.gov/Statutes/34-20G
  8. sdlegislature.gov/Rules/Administrative/44:90
  9. norml.org/blog/2026/02/11/south-dakota-lawmakers-reject-bills-that-sought-to-dismantle-states-voter-initiated-medical-cannabis-access-program
⚠︎ Federal law — affects every state A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container. State rules apply on top of the federal law. Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state. Not legal advice. Laws change quickly; verify with official state sources before acting. Spot an error? Request a correction — we fix mistakes promptly.
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