Illegal
Tennessee
None — all cannabis is illegal
Age 21+View Guide →
South Dakota
Medical OnlyLegal Status
Medical Only
Possession Limit
3 oz per 30-day period for registered patients
Minimum Age
18+
Dispensaries
Open
Overview
South Dakota voters approved medical cannabis through Initiated Measure 26 in 2020, and the program is run by the Department of Health. Registered patients may possess up to three ounces of cannabis. Some may be authorized to grow plants at home if their certification allows it. Voters approved adult-use legalization in 2020, but the state Supreme Court struck it down. Later legalization measures failed in 2022 and 2024.
Last reviewed October 2026. General information, not legal advice.
What's Legal
Consumption is restricted to private property; all approved forms including smoking are permitted for patients.
Possession Limits
3 oz per 30-day period for registered patients
Home Growing
Registered patients may be authorized to grow a limited number of plants; check the program
Penalties
Non-patient possession under 2 oz: up to 1 year / $2,000; over 2 oz escalates to felony charges.
Driving and Cannabis
Driving while impaired by cannabis is illegal in South Dakota, as it is in every state, whether or not the cannabis was obtained legally. Officers may rely on field sobriety tests, drug recognition evaluations, and blood tests, and some states set specific THC limits or zero-tolerance rules. Consuming cannabis in a vehicle and carrying open or unsealed packages where the driver can reach them are commonly prohibited. If you have used cannabis, the safest choice is not to drive.
Crossing State Lines and Federal Law
Taking marijuana across state lines is illegal under federal law, even between two states where cannabis is legal, and it may also violate the law of the state you enter. Marijuana is also prohibited on federal land, in national parks, and at airports under TSA jurisdiction. In 2026 the federal government moved FDA-approved products and state-licensed medical marijuana to Schedule III, but adult-use marijuana remains a Schedule I substance, and rescheduling does not legalize interstate transport. Separate federal changes to the legal definition of hemp take effect in late 2026 and will restrict many intoxicating hemp-derived THC products.
South Dakota Cannabis FAQ
Is cannabis legal in South Dakota?
Only for registered medical patients. South Dakota has a medical cannabis program, but adult-use cannabis is not legal. Possession limit: 3 oz per 30-day period for registered patients.
Can you grow cannabis at home in South Dakota?
Registered patients may be authorized to grow a limited number of plants; check the program.
How old do you have to be to buy cannabis in South Dakota?
South Dakota's program lists a minimum age of 18 for patients.
Are dispensaries open in South Dakota?
Yes. Licensed dispensaries are operating in South Dakota for registered patients.
Can you use cannabis in public in South Dakota?
Consumption is restricted to private property; all approved forms including smoking are permitted for patients.
Compare South Dakota with every other state in our cannabis laws comparison table.
Official Resource
Cannabis laws change often, and limits, penalties, and program rules can differ from what is summarized here. This page is general information, not legal advice. Before you rely on any detail, check the official state source below or consult a licensed attorney in South Dakota.
Visit Official Site →