SD
South Dakota
Medical cannabis is legal in South Dakota with a valid patient card. Recreational use remains illegal.
Medical
● LIVE STATUS
Updated 4 days ago · April 1, 2026
Legislative Pressure · 6 bills tracked
▲ 38% Pro-Access · 3 bills
0 bills · 0% Restrictive ▼
Mixed signals — competing bills in play. No clear direction yet.
South Dakota Bills Tracker
6 bills tracked
HB1160
In Committee
Repeal the medical marijuana oversight committee.
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🕐 Senate Do Pass, Failed, YEAS 15, NAYS 19. S.J. 491 · Mar 9, 2026
🗳 Vote: MAR 9
HB1160 repeals South Dakota's medical marijuana oversight committee, impacting administrative oversight for patients and the public. View full bill text →
HB1065
In Committee
Revise the medical purpose affirmative defense in cannabis prosecution.
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🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 4, NAYS 3. S.J. 23 · Mar 2, 2026
🗳 Vote: MAR 2
HB1065 revises the medical cannabis affirmative defense, impacting patient protections in South Dakota by clarifying legal use in prosecutions. View full bill text →
SB39
Passed
Revise provisions relating to industrial hemp.
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🕐 Signed by the Governor on March 30, 2026 S.J. 548 · Mar 30, 2026
SB39 revises industrial hemp provisions, impacting South Dakota's hemp industry, farmers, and consumers of hemp-derived products. View full bill text →
SB42
▲ Pro-Access
Passed
Enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.
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🕐 Signed by the Governor on March 30, 2026 S.J. 548 · Mar 30, 2026
SB42 increases penalties for possessing, delivering, or ingesting controlled substances, including cannabis, within South Dakota correctional facilities, impacting inmates and their visitors. View full bill text →
HB1099
▲ Pro-Access
Passed
Reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance.
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🕐 Signed by the Governor on March 10, 2026 H.J. 547 · Mar 10, 2026
HB1099 reschedules FDA-approved crystalline psilocybin to Schedule IV in South Dakota, easing access for patients and potentially impacting future medical research and product availability. View full bill text →
HB1016
▲ Pro-Access
Passed
Modify provisions related to the controlled substances schedule and to declare an emergency.
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🕐 Signed by the Governor on February 12, 2026 H.J. 304 · Feb 12, 2026
HB1016 modifies South Dakota's controlled substances schedule, impacting patients and consumers by potentially altering access to or penalties for certain substances. View full bill text →
Overview
Marijuana is legal for medical patients in South Dakota, but recreational use remains illegal. South Dakota voters passed both medical and recreational cannabis measures in 2020, but the recreational measure was struck down by the state Supreme Court. The medical program launched in 2021 and operates as the sole legal cannabis framework.
What This Means for You
- ✓ Legal to purchase with a valid medical card
- ✗ Recreational purchase is not permitted
- ⓘ Possession limit: Rx only (3 oz)
- ⓘ Home grow: Not permitted
Latest South Dakota Cannabis Developments
We're building out our South Dakota coverage. Articles will appear here as our team publishes state-specific reporting.
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