South Dakota

Cannabis:

Recreational Use: Recreational cannabis was approved in 2020 via a ballot measure but was overturned by the state Supreme Court in 2021. Recreational cannabis remains illegal.
Medical Use: Medical cannabis was legalized in 2020 by a separate ballot measure and is currently operational, allowing qualifying patients to access cannabis from licensed dispensaries (S.D. Codified Laws § 34-20G-1 et seq).

Hemp Intoxicants and Synthetic THC: South Dakota prohibits hemp intoxicants, including products like delta-8 THC.

1930s: Cannabis prohibition begins in line with national restrictions.
2020: Voters approve both recreational and medical cannabis. Recreational legalization is later invalidated by the Supreme Court, but medical legalization proceeds.
2021: The state implements its medical cannabis program following the ballot’s approval.
Recent: Legislative actions maintain prohibition on hemp-derived intoxicants.

Possession Limits: Recreational cannabis possession remains illegal, with criminal penalties applied for any amount.
Cultivation: Home cultivation for recreational purposes is not permitted.
Public Use: Public cannabis use is strictly prohibited, with enforced penalties.
Sale and Retail: Recreational dispensaries are not permitted due to the nullification of the 2020 recreational cannabis law.

Patient Eligibility: Patients with qualifying conditions, such as chronic pain and other serious medical issues, may access medical cannabis with physician certification.
Product Access: Registered patients can purchase medical cannabis from licensed dispensaries within the state.
Program Details: South Dakota’s medical program includes patient registration, ID card issuance, and access to licensed dispensaries, with purchasing limits to prevent misuse.

Regulatory Status: South Dakota prohibits intoxicating hemp products, including synthetic cannabinoids like delta-8 THC.
Testing and Labeling: Not applicable, as hemp intoxicants are banned.
Age and Retail Restrictions: No age or retail restrictions apply due to the prohibition of hemp intoxicants.

Possession: Possession of any amount for recreational use is a misdemeanor, with potential penalties of up to one year in jail and a $2,000 fine.
Sale and Distribution: Selling cannabis without a license is a felony, with penalties including up to 15 years in prison and fines up to $30,000, especially if sold to minors or near schools.
Trafficking and Cultivation: Large-scale possession, trafficking, or unlicensed cultivation carries severe felony penalties, with sentences potentially up to life imprisonment and significant fines for large quantities.

Eligibility Criteria: South Dakota does not have social equity programs to address past cannabis-related convictions or provide equity in licensing.
Licensing Benefits: No specific benefits or incentives exist for social equity applicants.
Additional Support: There are no support programs for communities impacted by prior cannabis prohibition.

Licensing Types: South Dakota issues licenses for medical cannabis businesses only, including dispensaries and cultivation facilities.
Regulatory Requirements: Licensed medical cannabis businesses must comply with strict regulations, including security protocols, inventory tracking, and adherence to state medical cannabis guidelines.