Verify · South Dakota
South Dakota medical cannabis rules: what to know and how to check
South Dakota allows medical cannabis only. To buy it, you need a practitioner’s certification for a qualifying condition and a registry ID card from the Department of Health (DOH). You can buy only at a dispensary registered with DOH, in person. Check the dispensary on DOH’s list before you buy.
Checked against the South Dakota Department of Health (DOH) and South Dakota law on . Next review: .
CHSA does not test, certify or endorse products or retailers.
Official source
South Dakota’s cannabis regulator: South Dakota Department of Health, Medical Cannabis Program (DOH)
- Check a business license Official list of licensed medical cannabis sellers
- See official recalls Recall notices from the regulator
- File a complaint Report an unlicensed business or a problem
- Regulator website Laws, rules and news
These links go to the regulator’s own website. CHSA does not copy or host license records, so you always see the official, current version.
What’s different in South Dakota
South Dakota allows medical cannabis only. There is no legal adult-use (recreational) market. Voters created the medical program with Initiated Measure 26 in 2020. Measures to legalize adult use failed in 2022 (Initiated Measure 27) and again in November 2024 (Initiated Measure 29, 189,916 yes to 237,228 no).
To buy, you need a written certification from a practitioner (a physician, physician assistant or advanced practice registered nurse) for a qualifying condition, and a registry ID card from the South Dakota Department of Health (DOH). Qualifying conditions include cancer, epilepsy and seizures, multiple sclerosis, ALS, Crohn's disease, HIV/AIDS, PTSD, and conditions that cause severe pain, nausea, wasting or muscle spasms. A card lasts up to one year.
Only dispensaries registered with DOH may sell medical cannabis. Buying from anyone else is illegal. Counties and cities may not ban dispensaries. A dispensary must check your card and a photo ID. Medical cannabis patients from other states must register with DOH first, and can then buy at no more than two dispensaries.
You may not smoke or vape cannabis in a public place, on public transportation or if you are under 21. Do not drive under the influence of cannabis.
The Flandreau Santee Sioux Tribe runs its own medical marijuana program, with its own card, for buying on its reservation. It is separate from the state program and is not on DOH's list.
Hemp products, including delta-8 THC sold in gas stations, CBD shops and smoke shops, are not part of the medical program. DOH says they are not held to its rules or testing standards.
South Dakota medical cannabis rules at a glance
These are the main state rules for medical cannabis. South Dakota has no adult-use market. Numbers in brackets link to the law.
| Topic | The rule | Source |
|---|---|---|
| Minimum age | Medical use only, with a practitioner's certification and a registry ID card. Patients under 18 can qualify only with a parent or guardian's written consent; that parent or guardian serves as caregiver and controls buying and dosing. Patients under 18 may not enter a dispensary. Caregivers must be 21 or older. Cardholders under 21 may not smoke, vape or have inhalable products. | Source [1] SDCL 34-20G-1(10), 34-20G-18(3)(c), 34-20G-33; ARSD 44:90:02:16.01, 44:90:08:01 |
| How much you can have | A cardholder may have up to 3 ounces of cannabis. Products count toward the 3 ounces by equivalent weight: for example, 8 grams of concentrate or 2,000 mg of THC in edibles each count as 1 ounce. A dispensary may sell a patient no more than 3 ounces in any 14-day period, tracked as a rolling limit. | Source [1] SDCL 34-20G-1(1), 34-20G-70; ARSD 44:90:02:16; DOH purchase limits page |
| Growing at home | Allowed only if your registry card allows cultivation (a $20 add-on). The limit is 2 flowering and 2 non-flowering plants, kept in an enclosed, locked space. Nonresident cardholders may not grow. Patients under 18 may not grow, but a caregiver may grow for them. | Source [1] SDCL 34-20G-1(1)(c), (13), (19); ARSD 44:90:02:07, 44:90:02:17 |
| Delivery | No home delivery sales. State rules say every sale must take place at a registered dispensary, in view of its security cameras. A dispensary may take online orders only from cardholders who have bought there before. | Source [2] ARSD 44:90:08:02, 44:90:08:04 |
| Required lab tests | Every batch must be tested by a registered testing facility before it moves to a dispensary. Tests cover THC potency (and CBD if labeled), microbes, mycotoxins, metals, pesticides and solvents. Labeled THC may be off by no more than 10%. Product must come with a certificate of analysis. | Source [2] ARSD 44:90:09:01, 44:90:09:03; SDCL 34-20G-65.1 |
| Labels | Labels must show the test results, THC in milligrams and as a percent, how long effects may take to start and how long they last, ingredients, allergens and pesticides used, an expiration date, net weight, the registration numbers of the businesses involved, batch numbers and harvest or production dates. Required warnings include "Contains cannabis. For medical use by qualifying patients only." Edibles must carry the state cannabis symbol and the warning that effects may not be felt for up to four hours. | Source [2] ARSD 44:90:10:09 to 44:90:10:13 |
| Packaging | Dispensaries must hand over cannabis in packaging that is child-resistant (federal standard), tamper-evident, opaque, and resealable (except single servings). Labels may not show cartoons, toys, fruit or other images that appeal to people under 21, or use the word "candy." | Source [2] ARSD 44:90:10:01, 44:90:10:14 |
| Edible THC limits | A multi-serving edible package may hold no more than 500 mg of THC. Tinctures and oils may hold no more than 5,000 mg per container. A single-serving drink may hold no more than 10 mg, and a multi-serving drink no more than 100 mg. | Source [2] ARSD 44:90:10:03 to 44:90:10:05 |
| Poison control | Sanford Poison Center: 1-800-222-1222 . Free, confidential, 24/7. Call 911 if someone has trouble breathing or won’t wake up. | sdpoison.org |
South Dakota recalls
DOH posts recall notices for licensed products. CHSA doesn’t keep a live list of South Dakota recalls yet, so check DOH’s own list.
Keep the package. A recall notice lists the product and its batch or ID number, which you match against your label.
How South Dakota compares
Compare South Dakota with the other states CHSA covers.
Sources
- South Dakota Codified Laws, Chapter 34-20G (Medical Cannabis)
- Administrative Rules of South Dakota, Article 44:90 (Medical Cannabis)
- South Dakota Medical Cannabis Program
- Medical Cannabis Information for Patients, Caregivers, & Practitioners (with Patient & Caregiver FAQs)
- Medical Cannabis Purchase Limits
- Medical Cannabis Establishments List
- Medical Cannabis Establishments (with Establishment FAQs)
- Medical Cannabis News and Announcements (product recalls and safety notices)
- Medical Cannabis Establishment Complaint Form
- Delta-8 and Other Alternative Cannabinoids (fact sheet)
- South Dakota Ballot Questions: Titles and Election Returns 1890-2024
- Flandreau Santee Sioux Tribe Medical Marijuana Program: Instructions to Document Patient Eligibility Form
- South Dakota Industrial Hemp Program
- About the Poison Center
CHSA does not test, certify or endorse products or retailers.