On November 3, 2020, voters approved ballot measures to legalize both recreational and medical use in in South Dakota. The state could be the first state ever to approve medical and recreational marijuana measures at the same time.

South Dakota Medical Cannabis

In South Dakota, Measure 26, the Medical Marijuana Initiative of 2020, establishes a system of licenses and regulations administered by the South Dakota Department of Health for medical marijuana business establishments. These business establishments include cultivation facilities, manufacturing facilities, dispensaries, and testing laboratories. A cultivation license authorizes the holder to cultivate, harvest, dry, cure, package, distribute, transfer, transport, or sell cannabis to medical cannabis facilities.

Medical marijuana became legal in July 2021 under the timeframe established in Initiated Measure 26. South Dakota Cannabis Market kicked off with the first state-licensed medical cannabis dispensary opening in July 2022, 20 months after voters said yes to selling medical cannabis.

Medical cannabis patients may possess up to three ounces of cannabis including other allowable products. As of July 2024, there were 286 approved practitioners and 13,257 approved patient cards compared to 235 practitioners and 10,914 patients a year ago.

There are currently 72 dispensaries, 19 manufacturing, 36 cultivation and 3 testing certified establishments in the state.

South Dakota Recreational Cannabis

2021. An amendment legalizing recreational marijuana was claimed violated Amendment Z, the “Single-Subject Rule”. The decision was appealed to the South Dakota Supreme Court, which upheld the lower court’s decision on November 24, 2021.

2022. Marijuana Legalization Initiative. The measure would have legalized marijuana use, possession, and distribution for individuals 21 years old and older. The statutory measure failed to pass with a vote of 52.92 percent against and 47.08 percent for.

2023. A draft measure to legalize recreational cannabis has been submitted for public review to prepare another reform for the ballot in 2024.

2024. Marijuana Legalization Initiative. This measure would legalize the recreational use, possession and distribution of marijuana for individuals 21 years old and over. It would allow the possession of no more than 2 ounces of marijuana, 16 grams of concentrated cannabis and cannabis products containing up to 1,600mg of THC. Individuals would be allowed to grow a maximum of 6 marijuana plants with up to 12 plants per household. The smoking of cannabis would not be permitted in public places or where it is prohibited to smoke tobacco.

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