South Dakota Marijuana Information

Quick FAQs

Marijuana has definitely not yet been embraced by conservative South Dakota – not only is medical and recreational marijuana illegal, but the state is one of the harshest against marijuana in the entire country. The CannaLaw Blog even declared it the worst state in the country in terms of treatment of cannabis and those who consume it. Penalties for possession differ depending on the amount – less than two ounces is a misdemeanor, but any larger amount results in felony charges.  Even just possessing drug paraphernalia in South Dakota can land you a misdemeanor charge, up to 30 days in prison, and up to a $500 fine.

However, there was an attempt to get the legalization of medical marijuana on the ballot in 2016. The South Dakota Family Coalition for Compassion exceeded the 13,871 signatures they needed to put the ballot initiative to voters, with 16,631 signatures before the deadline. However, the Secretary of State rejected the attempt. The South Dakota Family Coalition for Compassion is suing the Secretary of State for automatically disqualifying the initiative without proving the signatures were invalid and for failing to inform those who submitted the petition that it was rejected. Time will tell whether South Dakota will be voting on the legalization of medical marijuana in 2018.

In the meantime, marijuana for medical and recreational purposes is still very much illegal in South Dakota and there are no legal outlets to purchase marijuana from. Kush encourages discretion for all travelers. If you do partake, don’t drive while high – you can be convicted of a DUI for driving under the influence of marijuana in South Dakota. If you find yourself in a pinch with the law, check out our South Dakota Cannabis Lawyers page for help!

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South Dakota FAQ

Is Marijuana legal in South Dakota?

Marijuana, for both medical and recreational uses, is not legal in South Dakota.

Where can I buy marijuana?

There are currently no legal outlets in South Dakota where residents can purchase marijuana or marijuana products.

How can I help legalize marijuana in South Dakota?

South Dakota residents can help get marijuana legalized in their state by writing to their state legislators and urging them to legalize marijuana. Encourage your state legislators to start with decriminalizing the drug, instead of sending people to jail for simple possession.

How much will it cost if it is legalized?

The price of marijuana will vary based on strain and quality, and it will also be dependent on what the tax rate is. You can expect prices to be between $10 to $30 per gram.

What types of marijuana will the stores sell?

This is all dependent on the specific law that ends up being passed in South Dakota, but in general, this is an overview of what stores in states with legalized marijuana carry. There will be many different flowers categorized by their strains ranging from strong Indicas to strong Sativas and everything in between. Each strain can have different effects so be sure to ask the budtender for assistance in choosing the best marijuana for you. Strong Sativas strains are known for their general uplifting, energizing, and head high effects while Indicas are known for their full body highs and sedative effects.

Dispensaries will also sell a number of other types of marijuana products, including but not limited to:

  • Concentrates: essential oils of the cannabis plant. Warning: these can be very potent!
  • Edibles: Cannabis infused foods, candies, or drinks. Warning: These can be very potent! Be sure to check the serving size before enjoying and remember the effects can take up to an hour to hit you.
  • Transdermal Products (also called Topicals): creams, lotions, massage oils and such infused with cannabis. These products are not psychoactive and will not get you high.
  • Seeds: seeds that can be used to grow your own marijuana plants. Stores will have many different strains of Indicas and Sativas.
  • Clones: healthy seedlings that are ready be grown.

What is the punishment if I’m caught with marijuana?

Be very careful in South Dakota – marijuana is still criminalized with harsh penalties for possession. Penalties for possession differ depending on the amount – less than two ounces is a misdemeanor punishable by up to a year in jail and up to a $2000 fine, and any larger amount results in felony charges. Even just possessing drug paraphernalia in South Dakota can land you a misdemeanor charge, up to 30 days in prison, and up to a $500 fine. Possession of any amount of hash or concentrates is considered a felony punishable by up to 5 years in prison and a fine of up to $10,000. If you find yourself in a pinch with the law, check out our South Dakota Cannabis Lawyers page for help!

If marijuana gets legalized, can I still get in trouble?

Yes. You can always get in trouble at the federal level, even if marijuana gets legalized in South Dakota. Be sure to always follow the laws of the state you are in.

Nothing on this website should be considered legal advice or as a substitute for legal advice. Please respect the current state of Marijuana law in your area.

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