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South Dakota

Medical use:Legal
Recreational:No

South Dakota legalized medical marijuana use in 2020 through Initiated Measure 26. Patients over the age of 18 with what the state calls a “debilitating medical condition” can apply for a state-issued medical marijuana card. The card allows them to purchase up to 3 ounces of cannabis flower every two weeks. Additionally, patients can register to obtain permission to cultivate up to 4 plants with no more than two flowering at a time. Despite medical use being legal, recreational marijuana is still totally illegal in South Dakota, and possession of non-medical marijuana can result in criminal prosecution.

Last Updated: March 27, 2024.

Source: States and territories legislation, NBC reports, NCSLMap data: Tlegrams/NPR Created with Datawrapper

Frequently Asked Questions

Yes, medical marijuana cannot be used in public places, schools, workplaces, or in any location where smoking or consumption is prohibited by law.

Dispensaries must be state-licensed and comply with strict regulations regarding security, product testing, and tracking to prevent misuse or diversion.

Conditions like cancer, epilepsy, multiple sclerosis, chronic pain, PTSD, and other severe or terminal illnesses typically qualify. The state allows physicians to recommend medical marijuana for conditions they believe will benefit from its use.

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