South Dakota Marijuana Laws

Changes to the state marijuana laws are happening each year, and It can be difficult to keep up. We wanted to make things simple, so we put together the most recent updates to the South Dakota Marijuana Laws in one place for you. Learn more about these changes below!

Status: Illegal

Decriminalized: No

Medical: No

South Dakota Petition to Legalize Marijuana is in Effect

South Dakotans for Better Marijuana Laws is a newly formed campaign, that has recently put together two marijuana reform initiatives for 2020.

The first initiative is a proposed amendment that would regulate and legalize marijuana for those 21 years of age and older, while also directing legislature to set laws in place for the cultivation and retail of hemp products. The second proposed amendment establishes a medical cannabis program for patients registered with qualifying conditions.

This 2020 campaign effort must collect signatures from 33,921 voters for the first initiative to legalize marijuana. The second initiative must collect signatures from 16,961 voters in order to pass the establishment of a medical marijuana program.

Unfortunately, politicians in South Dakota have consistantly been opposed to marijuana reform, along with governor Noem opposing the legalization of hemp. Thankfully, this campaign is now giving South Dakota voters a chance to show support for marijuana on the ballot.


South Dakota Has Extremely Harsh Marijuana Laws

If caught possessing a small amount of marijuana, you could find yourself in jail for 1 year, and slapped with a fine of $2,000.

Beyond that, if you’ve consumed marijuana in a neighboring state, and was suspected in South Dakota, you could have to take a drug test, and tacked with a penalty for “past use”. South Dakota is the only state with an internal possession law.

In addition to that law, any possession of concentrates or hash is punishable by 5 years in prison and a fine of $10,000. Caught with just a pipe? Drug paraphernalia could land you 30 days in jail, and a fine of $500.

SD Grants Access to CBD; Fails to Protect Marijuana Patients.

South Dakota legislature enacted a limited and restrictive acknowledgment of the medicinal value of marijuana in 2017. Senate Bill 95 removed CBD or cannabidiol from the marijuana definition, and made it a Schedule 4 controlled substance, and only if the product was approved by the FDA.

In 2018, Epidiolex, a pure extract of CBD, was approved by the FDA. This drug was designed to help those suffering from Dravet Syndromes, Lennox-Gastaut, and other types of epilepsy.

Unfortunately this prescribed pharmaceutical does not help patients that need the benefits of THC, or other CBD products that work for their condition. South Dakota still has a long way to go before they have a smoothly running medical marijuana program. 

Stay tuned for more updates to the South Dakota Marijuana Laws in the near future!

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