SD
South Dakota
Medical cannabis is legal in South Dakota with a valid patient card. Recreational use remains illegal.
Medical
● LIVE STATUS
Updated 34 days ago · April 17, 2026
Legislative Pressure · 14 bills tracked
▲ 75% Pro-Access · 3 bills
0 bills · 0% Restrictive ▼
Strong legislative momentum toward expanded access.
South Dakota Bills Tracker
14 bills tracked
SB39
Passed
Revise provisions relating to industrial hemp.
Intro
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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.
Intro
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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 →
HB1160
Stalled
Repeal the medical marijuana oversight committee.
Intro
✗ Stalled
🕐 Senate Do Pass, Failed, YEAS 15, NAYS 19. S.J. 491 [session adjourned — bill did not advance] · Mar 9, 2026
HB1160 repeals South Dakota's medical marijuana oversight committee, impacting administrative oversight for patients and the public. View full bill text →
HB1065
Stalled
Revise the medical purpose affirmative defense in cannabis prosecution.
Intro
✗ Stalled
🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 4, NAYS 3. S.J. 23 [session adjourned — bill did not advance] · Mar 2, 2026
HB1065 revises the medical cannabis affirmative defense, impacting patient protections in South Dakota by clarifying legal use in prosecutions. View full bill text →
HB1255
▲ Pro-Access
Stalled
Require that the Department of Health accept the medical records of a veteran applying for a medical cannabis registry identification card.
Intro
✗ Stalled
🕐 Military and Veterans Affairs Deferred to the 41st legislative day, Passed, YEAS 10, NAYS 1. [session adjourned — bill did not advance] · Feb 19, 2026
HB1255 required the South Dakota Department of Health to accept veteran medical records for cannabis card applications, easing access for veterans. View full bill text →
HB1211
▲ Pro-Access
Stalled
Create a digital registry identification card for medical cannabis patients.
Intro
✗ Stalled
🕐 Health and Human Services Tabled, Passed, YEAS 13, NAYS 0. [session adjourned — bill did not advance] · Feb 17, 2026
HB1211 creates a digital registry ID card for South Dakota medical cannabis patients, streamlining access and verification. View full bill text →
SB194
▲ Pro-Access
Stalled
Limit the potency of cannabis products sold at medical cannabis dispensaries.
Intro
✗ Stalled
🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 6, NAYS 1. S.J. 13 [session adjourned — bill did not advance] · Feb 11, 2026
SB194 limited medical cannabis potency, impacting patient access to higher-THC products and potentially the market for operators in South Dakota. View full bill text →
SB181
▲ Pro-Access
Stalled
Cause the repeal of the medical cannabis chapter upon the federal re-scheduling of cannabis.
Intro
✗ Stalled
🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 7, NAYS 0. S.J. 13 [session adjourned — bill did not advance] · Feb 11, 2026
SB181 repeals South Dakota's medical cannabis program if cannabis is federally rescheduled, impacting patient access and the existing regulated market. View full bill text →
SB143
Stalled
Require that the Department of Health annually report on public health effects of cannabis use.
Intro
✗ Stalled
🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 6, NAYS 1. S.J. 10 [session adjourned — bill did not advance] · Feb 4, 2026
SB143 required the South Dakota Department of Health to annually report on public health effects of cannabis use, providing data for future policy decisions. View full bill text →
SB95
Stalled
Require that a medical cannabis cardholder provide a card or card number upon request of a law enforcement officer.
Intro
✗ Stalled
🕐 Withdrawn at the Request of the Prime Sponsor S.J. 129 [session adjourned — bill did not advance] · Jan 28, 2026
SB95 required medical cannabis cardholders to provide their card or number to law enforcement upon request, impacting patient privacy and law enforcement interaction in South Dakota. View full bill text →
HB1053
▲ Pro-Access
Stalled
Require that terminal care facilities allow terminally ill patients to use medical cannabis.
Intro
✗ Stalled
🕐 Health and Human Services Deferred to the 41st legislative day, Passed, YEAS 12, NAYS 1. H.J. 1 [session adjourned — bill did not advance] · Jan 22, 2026
HB1053 required terminal care facilities to allow terminally ill patients to use medical cannabis, impacting patient rights and facility policies in South Dakota. View full bill text →
SB61
▼ Restrictive
Stalled
Ban hemp-derived intoxicants not for medical purposes.
Intro
✗ Stalled
🕐 Placed on calendar pursuant to JR 6F-6, Failed, YEAS 14, NAYS 19. S.J. 82 [session adjourned — bill did not advance] · Jan 22, 2026
SB61 banned hemp-derived intoxicants for non-medical use, impacting consumers and the nascent cannabis industry in South Dakota. 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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