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 January 2024, there were 257 approved practitioners and 13,150 approved patient cards compared to 202 practitioners and 6,474 patients a year ago.

There are currently 79 dispensaries, 20 manufacturing, 42 cultivation and 2 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.

South Dakota Cannabis Market Infographics

South Dakota Hemp Industry