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South Dakota: marijuana laws

Whether marijuana is legal in your state for recreational use, medical use only, low-THC products only, or not at all.

Legal statusMedical only
What it meansA state medical program allows use by registered patients with qualifying conditions; recreational use remains illegal.

Marijuana remains illegal under federal law, although in April 2026 the federal government moved some state-licensed medical marijuana to Schedule III. Driving while impaired is illegal everywhere, and employers may still test and discipline.

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in South Dakota.

How South Dakota compares

16 of 51 states and DC share this answer (Medical only): Alabama, Arkansas, Florida, Hawaii, Kentucky, Louisiana, Mississippi, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, Texas, Utah, West Virginia.

Alaska: Recreational and medicalAKMaine: Recreational and medicalMEVermont: Recreational and medicalVTNew Hampshire: Medical onlyNHWashington: Recreational and medicalWAIdaho: Not legalIDMontana: Recreational and medicalMTNorth Dakota: Medical onlyNDMinnesota: Recreational and medicalMNIllinois: Recreational and medicalILWisconsin: CBD / low-THC onlyWIMichigan: Recreational and medicalMINew York: Recreational and medicalNYRhode Island: Recreational and medicalRIMassachusetts: Recreational and medicalMAOregon: Recreational and medicalORNevada: Recreational and medicalNVWyoming: CBD / low-THC onlyWYSouth Dakota: Medical onlySDIowa: CBD / low-THC onlyIAIndiana: CBD / low-THC onlyINOhio: Recreational and medicalOHPennsylvania: Medical onlyPANew Jersey: Recreational and medicalNJConnecticut: Recreational and medicalCTCalifornia: Recreational and medicalCAUtah: Medical onlyUTColorado: Recreational and medicalCONebraska: Medical onlyNEMissouri: Recreational and medicalMOKentucky: Medical onlyKYWest Virginia: Medical onlyWVVirginia: Recreational and medicalVAMaryland: Recreational and medicalMDDelaware: Recreational and medicalDEArizona: Recreational and medicalAZNew Mexico: Recreational and medicalNMKansas: Not legalKSArkansas: Medical onlyARTennessee: CBD / low-THC onlyTNNorth Carolina: CBD / low-THC onlyNCSouth Carolina: CBD / low-THC onlySCDistrict of Columbia: Recreational and medicalDCOklahoma: Medical onlyOKLouisiana: Medical onlyLAMississippi: Medical onlyMSAlabama: Medical onlyALGeorgia: CBD / low-THC onlyGAHawaii: Medical onlyHITexas: Medical onlyTXFlorida: Medical onlyFL
  • Recreational and medical (25)
  • Medical only (16)
  • CBD / low-THC only (8)
  • Not legal (2)

Also for South Dakota: Car insurance by state in South Dakota · Claim deadlines in South Dakota · Small claims limits in South Dakota · Total loss rules in South Dakota · Shared fault rules in South Dakota · Accident reporting rules in South Dakota · Lemon law rules in South Dakota · Sales tax rates in South Dakota · Phone-while-driving laws in South Dakota · Motorcycle helmet laws in South Dakota · Gas tax in South Dakota · Uninsured drivers in South Dakota · All South Dakota rules on one page

How we checked this

Status comes from the National Conference of State Legislatures' tracker as published by Pew Research Center (May 2026), matched against FindLaw's 2026 list and updated for the November 2026 ballot results. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.

Cross-checked sources agree   Checked on official source confirmed on a government, court or legislature site   Single detailed source one detailed table built from statutes or official data   Under review sources disagree; read the note and the law.