Recreational Weed Is Illegal in South Dakota Despite Three Attempts to Change That

No, recreational weed is not legal in South Dakota. Only registered medical marijuana patients can legally possess cannabis in the state. South Dakota voters approved recreational legalization in 2020, but the state Supreme Court struck it down. Two more attempts — in 2022 and 2024 — both failed at the ballot box.

South Dakota has one of the most unusual cannabis histories in the country. Voters here actually said yes to recreational legalization — then watched the courts take it away. They’ve tried again twice since. Both times, it failed.

As of 2026, the law is straightforward: if you have a qualifying medical condition and a state-issued card, cannabis is legal for you in limited amounts. For everyone else, possessing any amount of marijuana is a criminal offense — and South Dakota’s penalties are among the harshest in the region.

How South Dakota Got Here: Three Failed Attempts at Legalization

Understanding where the law stands today requires understanding the unusual road that got here.

In November 2020, South Dakota voters approved two cannabis measures simultaneously — Initiated Measure 26, which legalized medical marijuana with 70% of the vote, and Constitutional Amendment A, which would have legalized recreational cannabis with 54% support. South Dakota would have become the first state in U.S. history to legalize both medical and recreational cannabis in a single election.

On February 8, 2021, a circuit court judge declared Amendment A unconstitutional, ruling that it violated the state’s single-subject requirement for ballot proposals. The South Dakota Supreme Court upheld that ruling on November 24, 2021.

Legalization advocates went back to voters in 2022 with a new measure — Initiated Measure 27. In the November 2022 election, the initiative was rejected with 52.92% voting no.

Then came a third attempt. On November 5, 2024, adult-use cannabis legalization fell short again in South Dakota, garnering only 44% of the vote with 55% voting no.

The result: recreational cannabis is still illegal, medical marijuana is legal, and there is no current legislative effort to change that picture in the near term.

What Is Legal: The Medical Marijuana Program

South Dakota’s medical marijuana program is governed by Initiated Measure 26, which passed with 70% approval in 2020. Medical marijuana became available to patients on July 1, 2021.

As of April 1, 2026, South Dakota’s program had 219 approved practitioners and 18,759 approved patient cards.

To qualify, a patient must have a debilitating medical condition. Qualifying conditions include chronic conditions producing severe, debilitating pain, wasting, severe nausea, seizures, and severe and persistent muscle spasms. Other eligible diagnoses include cancer, HIV/AIDS, PTSD, Crohn’s disease, ALS, glaucoma, and multiple sclerosis.

Once approved, patients receive significant legal protections — but within strict limits. Patients can possess up to 3 ounces of cannabis, the equivalent in THC-infused products such as edibles and concentrates, or any combination below the limit. They also can cultivate and process up to two mature cannabis plants and two immature cannabis plants at their homes, and all growing must be done in a locked enclosure.

South Dakotans aged 18 and older who suffer from qualifying debilitating medical conditions — including multiple sclerosis, Crohn’s disease, epilepsy, AIDS, glaucoma, PTSD, ALS, and severe pain — can possess medical marijuana legally. Patients under 18 can access the program through a designated caregiver.

If you’re curious how South Dakota compares to a neighboring state that went the other direction entirely, our guide on weed laws in Montana covers that legal recreational market in detail.

What Is Illegal: Recreational Possession and Its Penalties

This is where South Dakota stands out — and not in a forgiving way.

South Dakota’s codified laws do not decriminalize marijuana. Possessing even one ounce of weed is punished with jail time and fines for recreational users.

Under South Dakota Codified Laws § 22-42-2, the penalties for recreational possession scale quickly:

Possession of two ounces or less is a Class 1 misdemeanor, punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000. Possession of more than two ounces up to half a pound is a Class 6 felony, punishable by a maximum sentence of two years imprisonment and a maximum fine of $4,000. Possession of half a pound to one pound is a Class 5 felony, punishable by a maximum sentence of five years imprisonment and a maximum fine of $10,000. Possession of one pound to ten pounds is a Class 4 felony, punishable by up to ten years imprisonment and a maximum fine of $20,000. Possession of more than ten pounds is a Class 3 felony, punishable by up to fifteen years imprisonment and a maximum fine of $30,000.

South Dakota is one of only five states where a person can be charged with a felony for the possession of concentrated cannabis products like vape pens, gummies, or hash oil. Possession of any amount of edibles, hash, and concentrates is a Class 5 felony, punishable by up to five years in prison and a fine of up to $10,000.

That last point catches many people off guard — particularly visitors from legal states who assume edibles or vape cartridges would be treated like flower. In South Dakota, they are treated far more harshly.

If you’re facing drug charges in South Dakota, read our breakdown of how to fight drug charges in South Dakota for an overview of the legal strategies available to you.

Concentrates, Edibles, and Vapes: A Special Danger Zone

South Dakota’s treatment of cannabis concentrates deserves its own section because it surprises nearly every out-of-state visitor.

Possession of hashish or concentrates is a Class 4 felony punishable by up to ten years imprisonment and a maximum fine of $20,000. Manufacturing, distributing, dispensing, or possessing with intent to distribute concentrates carries the same maximum penalty, with a first-time conviction carrying a minimum term of one year imprisonment.

This means that a vape cartridge, a cannabis gummy, or any wax or oil product — regardless of quantity — triggers felony-level charges in South Dakota for anyone without a valid medical card. There is no small-amount exception, no civil penalty tier, and no decriminalization safety net.

Defense attorneys note that because South Dakota lacks a mechanism for expunging marijuana charges unless a judge grants one at the time of a guilty plea, the state’s marijuana laws do lasting damage — with or without jail or prison terms.

Driving Under the Influence

Operating a motor vehicle under the influence of cannabis carries the same penalties as an alcohol-fueled DUI in South Dakota. The difference is that law enforcement does not have to prove the driver was impaired at the time of driving — the charge can be based on physical evidence of cannabis still being in the driver’s body.

Because THC metabolites can remain detectable in the body for weeks after consumption, this creates a real risk for medical patients who consumed cannabis legally days or weeks before getting behind the wheel. A DUI conviction in South Dakota carries license suspension, mandatory education programs, fines, and potential jail time even for first-time offenders.

Traveling Through South Dakota With Cannabis

If you’re driving from Montana — a fully legal state — through South Dakota toward another destination, any cannabis in your vehicle is subject to South Dakota state law the moment you cross the border.

Prosecutors in some South Dakota counties charge people caught with gummies or vape pens with possessing “delta-9 tetrahydrocannabinol,” which is the high-inducing chemical compound in marijuana — the same statute that bans heroin, methamphetamine, or cocaine.

Being stopped on I-90 or I-29 with cannabis you purchased legally in another state is not a defense in South Dakota. The state’s law applies regardless of where you bought it or what your home state permits.

For comparison, see our full guide on weed laws in Vermont — a state with a very different legal approach — to understand just how wide the gap between states can be.

Frequently Asked Questions

Q: Is there a statute of limitations on marijuana charges in South Dakota? 

 Yes. Under South Dakota Codified Laws § 23A-42-2, the statute of limitations for a Class 1 misdemeanor — such as possessing two ounces or less — is generally seven years. For felony charges, there is no statute of limitations in South Dakota. This means a felony marijuana possession charge can be filed at any time after the offense occurs.

Q: How long does it take to get a South Dakota medical marijuana card? 

 After receiving written certification from a registered physician, patients apply through the South Dakota Department of Health’s online portal. Processing typically takes two to four weeks. The card must be renewed annually. Patients must be at least 18 years old; those under 18 can access the program through a designated caregiver who handles all purchases.

Q: Do I need a lawyer if I’m charged with marijuana possession in South Dakota? 

Yes — strongly recommended. Even a misdemeanor marijuana conviction in South Dakota can carry up to one year in jail and a $2,000 fine, and without a mechanism for automatic expungement, a conviction can follow you for years. Felony charges for concentrates or larger amounts carry even higher stakes. A criminal defense attorney can assess whether diversion programs, charge reduction, or other options are available in your county. Most offer free initial consultations. Visit AllAboutLawyer.com to find qualified criminal defense attorneys in South Dakota.

Q: Will South Dakota ever legalize recreational marijuana? 

Difficult to predict. Three separate attempts have now failed — the 2020 voter-approved measure was struck down by courts on constitutional grounds, and the 2022 and 2024 ballot measures were both defeated by voters. The 2024 measure received only 44% support, a drop from 2022’s 47%, suggesting momentum may be moving in the wrong direction for legalization advocates in the near term.

Q: Can I be charged with a marijuana offense for just being in a room where cannabis is present? 

Yes. Inhabiting a room where marijuana is being used or stored is a misdemeanor in South Dakota, punishable by a maximum sentence of one year imprisonment and a maximum fine of $2,000. This is an unusually broad law that most states do not have — and it applies regardless of whether you personally possessed or used the cannabis.

Legal Terms Used in This Article

Initiated Measure 26: The 2020 South Dakota ballot initiative that legalized medical marijuana with 70% voter approval. It established the state’s medical cannabis program and remains the foundation of all legal cannabis use in South Dakota today.

Constitutional Amendment A: The 2020 ballot measure that would have legalized recreational cannabis in South Dakota. It passed with 54% voter approval but was struck down by the South Dakota Supreme Court in November 2021 for violating the state’s single-subject rule for constitutional amendments.

Single-subject rule: A constitutional requirement in South Dakota that any ballot measure proposing a constitutional amendment must address only one subject. Courts used this rule to invalidate Amendment A because it addressed marijuana, hemp, and medical cannabis simultaneously.

Class 1 misdemeanor: South Dakota’s most serious misdemeanor classification, carrying a maximum penalty of one year in jail and a $2,000 fine. Recreational possession of two ounces or less falls under this category.

Class 4 felony: A serious felony in South Dakota carrying a maximum penalty of ten years in prison and a $20,000 fine. Possession of any cannabis concentrate — regardless of quantity — is charged at this level for non-medical users.

Medical Cannabis Program (SDMCP): South Dakota’s state-run program administered by the Department of Health that registers qualifying patients and caregivers, authorizes home cultivation within limits, and licenses dispensaries statewide.

Diversion program: A court-approved alternative to criminal prosecution that allows first-time or low-level offenders to complete classes, community service, and a clean period in exchange for having charges dropped and records cleared. Available in some South Dakota counties at the prosecutor’s discretion — not guaranteed.

The Bottom Line for 2026

South Dakota has medical marijuana. It does not have recreational legalization. It has some of the strictest possession penalties in the country — including felony charges for any amount of edibles, vape cartridges, or concentrates in the hands of a non-patient.

If you are visiting South Dakota from a legal state, do not bring cannabis with you. If you are a South Dakota resident dealing with a marijuana charge, the legal consequences here are serious enough that handling it without an attorney is a significant risk.

If you or someone you know is facing a marijuana-related charge in South Dakota, contact a qualified criminal defense attorney today. Visit AllAboutLawyer.com to connect with experienced legal help in your area — most offer a free consultation to start.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Cannabis laws can change and vary by location. For advice on your specific situation, consult a qualified attorney.