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CANNABIS IN SOUTH DAKOTA-EVERYTHING YOU NEED TO KNOW
SOUTH DAKOTA Marijuana Laws
- Marijuana is a Schedule I drug in the state of South Dakota
- Federally, cannabis is still considered a Schedule I Controlled Substance
- Possession of 2 ounces or less is a Class 1 misdemeanor, punishable by a maximum sentence of 1-year imprisonment and a maximum fine of 2,000 USD.
- Possession of more than 10 pounds is a Class 3 felony, punishable by a maximum sentence of 15 years imprisonment and a maximum fine of 30,000 USD.
- The sale or distribution of less than 1/2 ounce is a Class 1 misdemeanor punishable by a mandatory minimum sentence of 15 days to 1-year imprisonment and a maximum fine of 2,000 USD.
- Cultivation in South Dakota will be punished based upon the aggregate weight of the plants found as either simple possession or possession with the intent to distribute.
- The possession of paraphernalia is a Class 2 misdemeanor, punishable by a maximum sentence of 30 days imprisonment and a maximum fine of 500 USD.
Cannabis Policy Reform Timeline
- 1931: Prohibition began in South Dakota, and marijuana was banned
- 1977: Cannabis was decriminalized by the South Dakota Senate; however, the law was short-lived and appealed almost immediately after that same election
- 2006-2014: Ballot initiative failed to legalize the initiated measure for medical marijuana
- 2015: The decriminalization initiative failed to gather signatures
- 2018: Medical marijuana initiative failed to gather signatures
- 2020: Approximately 54 percent of voters in South Dakota approved an adult-use cannabis legalization measure, while nearly 70 percent voted in favor of medical marijuana legalization. However, the state’s Supreme Court overturned the amendments. It has become quite a legal challenge for the state to begin regulating and taxing marijuana, but many voters support it.
- 2022: Marijuana activists for the Marijuana Policy Project and the South Dakotans for Better Marijuana Laws attempt to place recreational use back on the ballot for voters to finally legalize cannabis in the November election cycle.Â
Possession Limits in SD
- Possession is not allowed recreationally; three ounces is allowed for medical patients,
- As of 2021, adults who are 21 and older may possess up to three plants, with a limit of six plants per household.
Frequently Asked Questions
Visit These SOUTH DAKOTA Hotspots After Getting Your Medical Card
Mount Rushmore
Mount Rushmore, one of the most iconic tourist destinations in the United States, is located in the Black Hills region of South Dakota and is known for its four presidential sculptures carved into the granite rock face of the mountain. This marvel of engineering and artistry is a symbol of American greatness and the ideals of democracy, drawing millions of visitors annually to the Mount Rushmore National Memorial. Visitors can take a guided tour of the memorial, learn about the history of the sculptures, and explore the museum to learn about the rich culture and history of the region, among other activities and exhibits. And for those looking for additional attractions, the area also features the Crazy Horse Memorial, a massive mountain sculpture of the famous Native American leader, along with a museum displaying Native American artifacts and art.
Wind Cave National Park
Wind Cave National Park is a hidden gem covering over 33,000 acres in the Black Hills region of South Dakota, known for its intricate cave system, unique wildlife, and beautiful natural landscapes. The park is home to one of the longest cave systems in the world, featuring complex passageways and unique formations such as box work and frostwork, making it a must-visit destination for guided tours of the caves and an unforgettable experience of exploring the hidden underground world. Additionally, the park’s main highlights include the abundance of wildlife, such as bison, elk, pronghorn, coyotes, and black bears, with a large population of prairie dogs visible throughout the park’s grasslands. Visitors can also take guided wildlife tours to learn more about the park’s diverse ecosystem, while outdoor enthusiasts can enjoy miles of hiking trails that offer stunning views of the park’s unique landscapes.