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Regulatory Status

Medical Program –


Decriminalized –


Possession Amount

Medical Patients –

3 oz poss. limit
3 oz purchase limi

Recreational Users –

Currently Prohibited


Medical Patients –


Recreational Users –



Currently Allowed

Qualifying Conditions for Medical Cannabis in South Dakota include, but are not limited to:
  • Cancer
  • Multiple Sclerosis
  • Epilepsy and Seizures
  • Glaucoma
  • Crohn’s Disease
  • Chronic Pain
  • Muscle Spasms
  • Terminal Illnesses with a Prognosis of Less than a Year to Live
  • Any other Medical Condition or Treatment Deemed Necessary by a Physician

Current Legal Status

Medical cannabis is legal in South Dakota after the passage of Initiated Measure 26 in November 2020. South Dakota has legalized medical cannabis after the passage of Initiated Measure 26 in November 2020. However, the implementation of the program was still in progress. Laws and regulations may have changed since then, so it is recommended that you consult the most recent information available to ensure accuracy.

Qualifying as a Medical Cannabis Patient in South Dakota

To qualify as a medical cannabis patient in South Dakota, a person must have a qualifying medical condition and obtain a written certification from a licensed physician. They also need to apply for a medical cannabis card from the South Dakota Department of Health.

History of Medical Cannabis in South Dakota

  • November 2020: Initiated Measure 26 was passed, legalizing medical cannabis in South Dakota.
  • The South Dakota Department of Health has been working on implementing the medical cannabis program.
  • Before the passage of Initiated Measure 26, several attempts to legalize medical cannabis in the state were unsuccessful.
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Multiple charges and visits throughout the year that can cost upwards of $500 - $1200.

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Frequently Asked Questions

Medical cannabis patients and their caregivers can possess up to three ounces of cannabis.

Medical cannabis will be available for purchase at state-licensed dispensaries once they are established.

Various forms of medical cannabis are expected to be available, including flowers, edibles, tinctures, oils, and topicals.

Minors can access medical cannabis with the consent of a parent or legal guardian, as well as a recommendation from a physician.

The cost of medical cannabis will depend on the specific products and dispensaries, as well as market factors.

The number of cannabis dispensaries will be determined as the medical cannabis program is implemented and licenses are issued to businesses.

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