How's Pot Doing in South Dakota?
Cannabis is 50% Legal in South Dakota
Last reviewed: January 13, 2026
Is it legal for adults to possess cannabis in the state of South Dakota?
NO
""No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana."" - sdlegislature.gov
Is it legal for adults to buy cannabis in a store in the state of South Dakota?
NO
Is it legal for adults to grow cannabis in the state of South Dakota?
NO
Is it legal for medical marijuana patients to possess cannabis in the state of South Dakota?
YES
"A cardholder is not subject to arrest, prosecution, or penalty of any kind, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for the medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported" - sdlegislature.gov
Is it legal for medical marijuana patients to buy cannabis in a store in the state of South Dakota?
YES
"Any sale or purchase of medical cannabis must comply with SDCL 34-20G and ARSD 44:90. Any sale or purchase of cannabis outside of the regulated medical cannabis establishments is illegal." - medcannabis.sd.gov
Is it legal for medical marijuana patients to grow cannabis in the state of South Dakota?
YES
"As part of the application process to obtain a registry identification card for the South Dakota Medical Cannabis Program, applicants may also apply to cultivate no more than two flowering cannabis plants and two cannabis plants that are not flowering plants in their home." - medcannabis.sd.gov