South Dakota Marijuana Laws

South Dakota is one of the most conservative states in the country when it comes to marijuana policy. The state failed to pass any laws allowing medical marijuana, recreational marijuana, or cannabidiol (CBD).

Recreational Marijuana in South Dakota

Possession of any amount of marijuana is illegal in South Dakota. Possession of any amount of dried flower marijuana is subject to as much as a $2,000 fine and a year in prison. Being caught in possession of over 2 ounces of dried flower is charged as a felony. Possession of any amount of hash or concentrates is a felony, punishable by 10 years in prison and a maximum fine of $20,000.

Following the United States’ Justice Department’s decision in late 2014 to allow legal marijuana agriculture and sale on Native American reservations, the Flandreau Santee Sioux Tribe, located in South Dakota, was the first tribe in the country to legalize marijuana.

Medical Marijuana in South Dakota

South Dakota has yet to pass any type of medicinal cannabis legislation and there has been little momentum to enact any type of policy. Medical marijuana initiatives were approved for the ballot in both 2006 and 2010, but voters failed to pass both. Efforts by cannabis advocates were made to get another medical marijuana initiative on the ballot in 2016, but the campaign failed to get enough valid signatures. No medical marijuana bill has yet to be introduced in 2017, but it is expected to be on the agenda.

CBD Hemp Oil in South Dakota

Consumption of CBD hemp oil is federally legal, as CBD hemp oil falls under the same importation and commerce laws as other hemp products. The state of South Dakota has no further policy specifically related to CBD hemp oil, so it is legal to purchase and use.

Cultivation of Hemp in South Dakota

The cultivation of cannabis for medicinal or personal purposes is illegal in South Dakota. Depending on the weight of the plants found, a person could be charged with either possession or the intent to distribute.

Despite the passing of the federal 2014 Farm Bill, which gave states the ability to legalize the cultivation of industrial hemp for research and pilot program purposes, South Dakota has yet to pass any agricultural hemp legislation.


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