South Dakota
South Dakota operates a medical-cannabis-only program, established by Initiated Measure 26, which passed on November 3, 2020 and took effect July 1, 2021, codified at SDCL 34-20G. No adult-use market exists: Constitutional Amendment A (2020) was struck down by the South Dakota Supreme Court, and adult-use ballot measures Initiated Measure 27 (2022) and Initiated Measure 29 (2024) were both defeated. Enrollment in the medical program has risen each year on record, from 5,619 approved patient cards in December 2022 to 10,000 in May 2023 and 19,206 approved patient cards as of June 1, 2026. Over the same span, the number of certified establishments fell. Certified establishments peaked at 139 in fiscal year 2023, declined to 124 in fiscal year 2024, and stood at 104 as of May 29, 2026 — 60 dispensaries, 29 cultivation facilities, 14 manufacturers, and 1 testing laboratory. That is a 25.2 percent decline from the fiscal-year-2023 peak. The state publishes no sales-volume or sales-dollar figures for the program, so market size cannot be quantified from public records. The standard 4.2 percent state sales tax and up to 2 percent municipal sales tax apply to medical cannabis; there is no cannabis-specific excise tax, and medical cannabis is not sales-tax-exempt. The state tracks product through Metrc.
Licensing & Market
South Dakota certifies four establishment types — cultivation, manufacturing, dispensary, and testing. As of May 29, 2026, 29 cultivation facilities and 60 dispensaries were certified, alongside 14 manufacturers and 1 testing laboratory. That is 31.36 certified cultivation facilities per million residents and 6.49 certified dispensaries per 100,000 residents. The state publishes point-in-time certified establishment counts rather than a cumulative count of certificates ever awarded, so an activation rate cannot be computed from public records. There is no statewide numeric cap on establishment certificates; the number of establishments is governed by local control, and municipalities and counties may license, cap, or ban establishments by ordinance. At least one principal officer of an applicant must be a South Dakota resident; out-of-state identification is accepted for other principal officers. The establishment certificate fee is a single flat fee of $9,000, applied to both new applications and annual renewals and not differentiated by establishment type. The fee rose from $5,000 in fiscal year 2023 to $5,310 in fiscal year 2024, then to $9,000 after SB 43 (2024) raised the statutory ceiling to $20,000 and the Department amended its administrative rule. The state tracks product through Metrc.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | 29 | [5] |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | 31.36 | [6] |
| Retail licenses awarded | Not available in the public record | — |
| Retail licenses operational | 60 | [7] |
| Retail activation rate | Not available in the public record | — |
| Dispensaries per 100k | 6.49 | [8] |
| Vertical integration | Not available in the public record | — |
| License caps exist | No | [9] |
| Licenses transferable | Not available in the public record | — |
| Residency required | Yes | [10] |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | METRC | [11] |
| Cultivator application fee | $9,000 | [12] |
| Cultivator annual fee | $9,000 | [13] |
| Retail application fee | $9,000 | [14] |
| Retail annual fee | $9,000 | [15] |
Consumer Rules
A registered cardholder may possess up to 3 ounces of cannabis, with product equivalents counted toward that total. A cardholder whose registry card authorizes cultivation may grow four plants at home — two flowering and two non-flowering — under SDCL 34-20G-1. Dispensing to a cardholder is bounded by the 3-ounce allowable amount; the state publishes no separate statutory sub-limits for concentrates or edibles. The medical program authorizes flower, concentrates and extracts, edible products, and other forms. Delivery is not operational: the Department of Health has never promulgated delivery rules, so dispensing occurs on-site at the dispensary only. On-site consumption is prohibited by statute — SDCL 34-20G-68 bars an establishment from permitting any person to consume cannabis on its property — and no consumption-lounge establishment category exists.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | Yes | [16] |
| Home grow plant limit | 4 | [17] |
| Possession limit (oz) | 3 | [18] |
| Delivery legal | No | [19] |
| Delivery operational | No | [20] |
| Consumption lounges legal | No | [21] |
| Consumption lounges count | Not available in the public record | — |
| Purchase limit, flower (oz) | 3 | [22] |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | Yes | [23] |
| Restricted product forms | Not available in the public record | — |
Taxation
South Dakota imposes no cannabis-specific excise tax. Medical cannabis carries the standard state sales tax of 4.2 percent plus a municipal sales tax of up to 2 percent, for a combined effective rate of about 6.2 percent. Medical cannabis is not sales-tax-exempt: the prescription-drug exemption does not apply because practitioners certify rather than prescribe, so full state and municipal sales tax applies. The cannabis tax structure has not changed since legalization, because no cannabis-specific tax has ever existed. The 4.2 percent state rate is itself a temporary reduction, enacted by HB 1137 (2023), set to sunset on June 30, 2027 and revert to 4.5 percent absent further legislation. Cannabis sales tax is not broken out from general sales-tax collections, so no cannabis tax-revenue figure is published. The program is funded by licensing and cardholder fees rather than by tax: in fiscal year 2024 the program reported $1,915,946 in total revenue against $1,193,010 in total expenditures.
| Field | Value | Source |
|---|---|---|
| Excise tax | 0% | [24] |
| Excise tax type | none | [25] |
| Sales tax | 4.2% | [26] |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [27] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | 2% | [28] |
| Local tax (typical) | 2% | [29] |
| Total effective rate | 6.2% | [30] |
| Medical tax exempt | No | [31] |
| Medical tax rate | 4.2% | [32] |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [33] |
| Tax direction | unchanged | [34] |
Operator Data
South Dakota publishes no sales-volume, sales-dollar, wholesale-price, or retail-price figures for its medical program. The Department's annual reports contain no sales data, and the state's Metrc seed-to-sale records are not public, so market size, per-capita sales, price trends, and operator margins cannot be quantified from public records. What the public record shows is a contraction in the certified supply base. Certified establishments peaked at 139 in fiscal year 2023 and stood at 104 as of May 29, 2026 — a loss of 35 establishments, or 25.2 percent. Certified cultivation facilities fell from a peak of 41 in fiscal year 2023 to 35 in fiscal year 2024 and 29 as of May 2026. Certified dispensaries fell from 79 to 68 to 60 over the same points. Certified testing laboratories fell from 2 to 1.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | Not available in the public record | — |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | 35 | [35] |
| License attrition | 25.2% | [36] |
| Peak cultivation licenses | 41 | [37] |
| Current cultivation licenses | 29 | [38] |
Consumer Data
South Dakota residents are served by 6.49 certified dispensaries per 100,000 residents. The state publishes no per-capita sales figure, no retail price index, and no estimate of legal-market capture — the share of total consumption met by licensed dispensaries versus the unregulated market — so consumer-level cost and the degree of legacy-market displacement cannot be stated from public sources. Approved patient enrollment rose each year on record, reaching 19,206 approved patient cards as of June 1, 2026.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | 6.49 | [8] |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | Not available in the public record | — |
Equity Programs
South Dakota's medical cannabis program contains no social-equity licensing program, no equity-designated license category, and no social-equity or community-reinvestment fund. The program is not specially taxed; its fee revenue funds program operations. The state has no cannabis-specific or automatic expungement program tied to its medical cannabis law. Adult-use Amendment A (2020), which contained no expungement mandate, was struck down, and subsequent adult-use measures failed, leaving no record-clearing mechanism in place. Ownership demographics of license holders are not published.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [39] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [40] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [41] |
| Expungement automatic | Not available in the public record | — |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
South Dakota tracks regulated product seed-to-sale through Metrc, which went live in August 2022. The Department of Health completed 74 on-site inspections in fiscal year 2024 — 41 dispensary, 21 cultivation, 10 manufacturer, and 2 testing — of which 64 were conducted by Department inspectors and 10 by the Department of Public Safety. Total program expenditures in fiscal year 2024 were $1,193,010. Beyond these figures, the state does not publish the operational metrics of enforcement: enforcement actions against licensees, illicit-market enforcement actions, regulatory staffing, mandatory testing analytes, per-batch testing cost, and product recalls are not available in the public record. There is no published numeric fine schedule; the fiscal-year-2024 report states the program was still developing a fines structure and used suspension, revocation, and cease-and-desist tools. These gaps reflect the regulator not reporting these figures in a form that can be sourced, not the absence of enforcement.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | METRC | [11] |
| Inspections per year | 74 | [42] |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | $1,193,010 | [43] |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
Medical legalization under Initiated Measure 26 (effective July 1, 2021) created possession and home-cultivation protections for registered cardholders, and SB 1 (2023) expanded the list of qualifying conditions. No cannabis criminal penalty has been statutorily increased since legalization, and the weight-based grading under SDCL 22-42 for non-cardholders is unchanged; the net direction is lighter. A registered cardholder is protected up to the 3-ounce allowable amount. For a non-cardholder, possession of more than 2 ounces but less than half a pound is a Class 6 felony carrying up to 2 years and a $4,000 fine, escalating by weight through Class 5, Class 4, and Class 3 felonies. Possession or manufacture of cannabis concentrate is a Class 4 felony regardless of amount for non-cardholders, carrying up to 10 years and a $20,000 fine. Distribution is graded by weight under SDCL 22-42-7, with the top tier — more than 1 pound — a Class 3 felony carrying up to 15 years and a $30,000 fine. South Dakota sets no per se THC blood limit for impaired driving, relying on an impairment standard. Eligible cannabis records are not subject to any state expungement program. Total cannabis arrests fell from 4,223 in calendar-year 2018 to a low of 1,488 in calendar-year 2022, then rose to 2,134 in calendar-year 2024; this series is secondary federal data compiled by NORML from FBI reporting. The ACLU of South Dakota reported, using 2018 FBI data, that Black residents were approximately five times more likely than white residents to be arrested for cannabis possession in the state.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | South Dakota has no cannabis-specific cultivation crime for non-cardholders; an unlicensed grow is charged by the aggregate weight of plants/product as possession or possession-with-intent-to-distribute under SDCL 22-42-6 / 22-42-7. At the top weight tier (more than 1 lb) distribution is a Class 3 felony: up to 15 years imprisonment and a $30,000 fine (SDCL 22-6-1). Hash/concentrate is treated more harshly — possession or manufacture of marijuana concentrate is a Class 4 felony (up to 10 years, $20,000) under SDCL 22-42-2/22-42-5. | [44] |
| Max penalty, unlicensed sale | SDCL 22-42-7 grades distribution/sale of marijuana by weight: under 1/2 oz = Class 1 misdemeanor; under 1 oz = Class 6 felony; 1 oz to 1/2 lb = Class 5 felony; 1/2 lb to 1 lb = Class 4 felony; MORE THAN 1 lb = Class 3 felony (up to 15 years, $30,000). Distribution within 1,000 ft of a school (or 500 ft of other specified areas) carries a 5-year mandatory minimum and $10,000; sales to minors carry enhanced penalties. | [45] |
| Felony threshold (grams) | 57 | [46] |
| Felony threshold type | possession | [47] |
| Penalty, possession over limit | A registered cardholder is protected only up to the allowable 3 ounces; possession above that (or by a non-cardholder) is graded under SDCL 22-42-6 — more than 2 oz but less than 1/2 lb = Class 6 felony (up to 2 years, $4,000), escalating to Class 5 (1/2-1 lb), Class 4 (1-10 lb), and Class 3 (10+ lb) felonies. A civil penalty up to $10,000 may also be imposed. | [48] |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [49] |
| Penalties increased post-legalization | No | [50] |
| Penalty direction | lighter | [51] |
| Penalty direction details | Medical legalization (IM 26, effective July 1, 2021) created possession and home-cultivation protections for registered cardholders, and SB 1 (2023) expanded the list of qualifying debilitating conditions. Total marijuana arrests fell from 4,223 (2018) to a low of 1,488 (2022) before rebounding to 2,134 (2024). No cannabis criminal penalty has been statutorily increased since legalization and the SDCL 22-42 weight-based grading for non-cardholders is unchanged. Two adult-use ballot measures (IM 27, 2022 and IM 29, 2024) were defeated, leaving the criminal framework for non-medical use intact. | [52] |
| Post-legalization arrests (annual) | 2134 | [53] |
| Racial disparity ratio | 5 | [54] |
| Expungement exists | No | [41] |
| Expungement automatic | Not available in the public record | — |
Sources
- ↑ U.S. Census Bureau QuickFacts, South Dakota https://www.census.gov/quickfacts/fact/table/SD/PST045224
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for South Dakota.
- ↑ Dashboard compilation date 2026-06-07. Underlying vintages: SD DOH establishments list updated May 29, 2026; DOH patient data through June 1, 2026; SFY2024 Annual Report (FY ending June 30, 2024) for fees, revenue, inspections and license-by-type counts; Census V2024 population; NORML/FBI arrests through CY2024.
- ↑ U.S. Census Bureau QuickFacts — South Dakota July 1, 2024 (V2024) population estimate = 924,669 https://www.census.gov/quickfacts/fact/table/SD/PST045224
- ↑ SD DOH Medical Cannabis Establishments List (content last updated May 29, 2026): 29 certified cultivation facilities currently operating https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/
- ↑ CALC: 29 certified cultivation facilities (DOH establishments list, May 29 2026) / (924,669 population / 1,000,000) = 31.36 per million. Inputs: ; https://www.census.gov/quickfacts/fact/table/SD/PST045224 https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/
- ↑ SD DOH Medical Cannabis Establishments List (content last updated May 29, 2026): 60 certified dispensaries (deterministic count of the page's dispensary HTML table; LLM prose-summaries of this page mis-count, so the raw table was parsed directly) https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/
- ↑ CALC: 60 certified dispensaries (DOH establishments list, May 29 2026, deterministic table count) / (924,669 population / 100,000) = 6.49 per 100K. Inputs: ; https://www.census.gov/quickfacts/fact/table/SD/PST045224 https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/
- ↑ South Dakota imposes no statewide numeric cap on medical cannabis establishment certificates; the number of establishments is governed by local control — municipalities and counties may license, cap, or ban establishments via ordinance (SD DOH guidance, Oct 2021; SFY2023 Annual Report) https://doh.sd.gov/media/dlenc2n1/sfy-2023-medical-cannabis-annual-report.pdf
- ↑ SDCL 34-20G-55(4) (primary): a medical cannabis establishment applicant must demonstrate that 'at least one principal officer is a resident of this state.' Only ONE principal officer need be a resident (not all owners), and ARSD 44:90:03:01 accepts out-of-state government ID for other principal officers/board members https://sdlegislature.gov/Statutes/34-20G-55
- ↑ SD DOH SFY2024 & SFY2023 Medical Cannabis Annual Reports: METRC is the state's seed-to-sale inventory tracking system (contract awarded Oct 2021; went live August 2022) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SD DOH SFY2024 Annual Report: SB 43 (2024) raised the establishment-fee statutory ceiling to $20,000 and the program amended its administrative rule (ARSD 44:90) setting the annual establishment certificate fee to $9,000 — a single flat fee not differentiated by establishment type (was $5,310 in SFY2024, $5,000 in SFY2023) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SD DOH SFY2024 Annual Report: annual establishment certificate fee set to $9,000 by amended administrative rule following SB 43 (2024); the same flat fee covers new application and annual renewal across all establishment types https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SD DOH SFY2024 Annual Report: $9,000 flat establishment certificate fee (same for dispensaries as for other establishment types) following SB 43 (2024) and the amended administrative rule https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SD DOH SFY2024 Annual Report: $9,000 annual establishment certificate fee applies to dispensaries (single flat fee, not differentiated by type) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SDCL 34-20G-1 (allowable amount of cannabis) authorizes a registered cardholder whose registry card permits cultivation to grow cannabis plants at home https://sdlegislature.gov/Statutes/34-20G-1
- ↑ SDCL 34-20G-1(1)(c) — a cardholder with a registry card allowing cultivation may have 'two flowering cannabis plants and two cannabis plants that are not flowering' (4 plants total; 2 mature/flowering). Verbatim-confirmed from the statute https://sdlegislature.gov/Statutes/34-20G-1
- ↑ SDCL 34-20G-1(1)(a) — 'allowable amount of cannabis' is 'three ounces of cannabis or less' (with product equivalents counted toward the 3-oz total). Verbatim-confirmed from the statute https://sdlegislature.gov/Statutes/34-20G-1
- ↑ [SECONDARY] No cannabis delivery operates in South Dakota: IM 26 / SDCL 34-20G statutorily contemplates delivery but the Department of Health has never promulgated delivery rules under ARSD 44:90, so dispensing is on-site at the dispensary only https://www.nuggmd.com/laws-and-regulations/south-dakota
- ↑ [SECONDARY] No licensed cannabis delivery operates in South Dakota (no delivery rules promulgated); dispensaries dispense on-site only https://www.nuggmd.com/laws-and-regulations/south-dakota
- ↑ SDCL 34-20G-68 (primary): 'A medical cannabis establishment may not permit any person to consume cannabis on the property of a medical cannabis establishment.' South Dakota's establishment types (SDCL 34-20G-1) are limited to cultivation, testing, manufacturing, and dispensary — no consumption-lounge category exists https://sdlegislature.gov/Statutes/34-20G-68
- ↑ SDCL 34-20G-1 — dispensing to a cardholder is bounded by the 3-ounce allowable amount; program rules (ARSD 44:90) limit a dispensary from dispensing cannabis that would cause a patient to exceed the allowable amount within the applicable period https://sdlegislature.gov/Statutes/34-20G-1
- ↑ SD DOH SFY2024 Annual Report: the medical program authorizes flower, concentrates/extracts, edible products and other product forms; SB 42 (2024) removed extracts from the 'edible cannabis product' definition but did not prohibit them https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ [SECONDARY] KELOLAND News (citing SD Dept. of Revenue): South Dakota imposes NO special cannabis excise tax on medical marijuana; only the standard state and municipal sales tax applies https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ [SECONDARY] No cannabis excise tax exists in South Dakota (medical-only program; standard sales tax applies) https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ South Dakota Department of Revenue: state sales/use tax rate is 4.2% (temporarily reduced from 4.5% by HB 1137, 2023). NOTE: the reduction sunsets June 30, 2027 and reverts to 4.5% absent further legislation https://dor.sd.gov/media/kavh1fzg/2026-1_sales-use-tax-guide.pdf
- ↑ [SECONDARY] South Dakota levies no potency-based or THC-tiered tax on cannabis; only flat state + municipal sales tax applies https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ South Dakota Department of Revenue: municipalities may impose a general municipal sales tax up to 2%, applied to medical cannabis the same as other taxable goods https://dor.sd.gov/media/kavh1fzg/2026-1_sales-use-tax-guide.pdf
- ↑ South Dakota Department of Revenue: most South Dakota municipalities levy the maximum 2% municipal sales tax https://dor.sd.gov/media/kavh1fzg/2026-1_sales-use-tax-guide.pdf
- ↑ CALC/derived: 4.2% state sales tax + up to 2.0% municipal sales tax = ~6.2% total effective rate on medical cannabis; no excise tax. Inputs: ; https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/ https://dor.sd.gov/media/kavh1fzg/2026-1_sales-use-tax-guide.pdf
- ↑ [SECONDARY] KELOLAND News (citing SD Dept. of Revenue): medical cannabis is NOT tax-exempt — the prescription-drug sales-tax exemption does not apply because practitioners certify rather than prescribe, so full state + local sales tax applies to medical cannabis https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ South Dakota Department of Revenue: medical cannabis is taxed at the standard 4.2% state sales tax (plus municipal) https://dor.sd.gov/media/kavh1fzg/2026-1_sales-use-tax-guide.pdf
- ↑ South Dakota has never had a cannabis-specific tax; medical cannabis has been subject to the standard sales tax since sales began. The general state sales-tax rate fell from 4.5% to 4.2% (HB 1137, 2023) but no cannabis-specific rate exists or has changed https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ No cannabis-specific tax exists, so the cannabis-tax direction is unchanged (standard sales tax only) https://www.keloland.com/news/capitol-news-bureau/s-d-sales-taxes-apply-on-medical-marijuana-state-revenue-official-says/
- ↑ Derived from SD DOH primary counts: certified establishments peaked at 139 in SFY2023 and fell to 104 as of May 29, 2026 — a loss of 35 establishments. Inputs: SFY2023 Annual Report (139) ; Establishments List (104, deterministic table count) https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/ https://doh.sd.gov/media/dlenc2n1/sfy-2023-medical-cannabis-annual-report.pdf
- ↑ CALC: (139 peak SFY2023 - 104 current May 2026) / 139 = 25.2% attrition of total certified establishments. Inputs: ; https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/ https://doh.sd.gov/media/dlenc2n1/sfy-2023-medical-cannabis-annual-report.pdf
- ↑ SD DOH SFY2023 Medical Cannabis Annual Report — certified cultivation establishments peaked at 41 in SFY2023 (vs 35 in SFY2024 and 29 as of May 2026) https://doh.sd.gov/media/dlenc2n1/sfy-2023-medical-cannabis-annual-report.pdf
- ↑ SD DOH Medical Cannabis Establishments List (May 29, 2026): 29 certified cultivation facilities https://doh.sd.gov/programs/medical-cannabis/med-cannabis-establishments/establishments-list/
- ↑ South Dakota's medical cannabis program (SDCL 34-20G) contains no social-equity licensing program https://doh.sd.gov/programs/medical-cannabis-program/
- ↑ South Dakota has no cannabis social-equity or community-reinvestment fund; medical cannabis is not specially taxed and program fee revenue funds program operations (SFY2024 Annual Report) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ South Dakota has no marijuana-specific or automatic expungement/record-clearing program tied to its medical cannabis law (SDCL 34-20G); adult-use Amendment A (2020), which contained no expungement mandate, was struck down and subsequent adult-use measures failed https://doh.sd.gov/programs/medical-cannabis-program/
- ↑ SD DOH SFY2024 Medical Cannabis Annual Report — 74 on-site inspections completed in SFY2024 (41 dispensary, 21 cultivation, 10 manufacturer, 2 testing; 64 by DOH inspectors, 10 by DPS) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SD DOH SFY2024 Medical Cannabis Annual Report — total program expenditures SFY2024 = $1,193,010 (against total revenue of $1,915,946) https://doh.sd.gov/media/4ndgp2h3/fy2024_med-cannabis-annual-report.pdf
- ↑ SDCL 22-42-6 (possession by weight) and 22-42-7 (distribution by weight); concentrate under 22-42-2/22-42-5; sentence ranges per SDCL 22-6-1. Summarized by NORML South Dakota Laws & Penalties https://norml.org/laws/south-dakota-penalties-2/
- ↑ SDCL 22-42-7 — distribution/sale of marijuana graded by weight; sentence ranges per SDCL 22-6-1; school-zone mandatory minimum. Summarized by NORML South Dakota Laws & Penalties https://norml.org/laws/south-dakota-penalties-2/
- ↑ SDCL 22-42-6 — possession of more than 2 ounces of marijuana is a felony (Class 6) for non-cardholders; 2 oz = 56.7 g (recorded as 57). Registered cardholders are protected up to 3 oz https://norml.org/laws/south-dakota-penalties-2/
- ↑ SDCL 22-42-6 — the 2-ounce felony threshold keys to possession https://norml.org/laws/south-dakota-penalties-2/
- ↑ SDCL 22-42-6 — possession exceeding the 3-oz cardholder allowance (or any non-cardholder possession over 2 oz) is graded as a Class 6/5/4/3 felony by weight; civil penalty up to $10,000 also available https://norml.org/laws/south-dakota-penalties-2/
- ↑ South Dakota prosecutes drugged driving on an impairment standard (SDCL 32-23-1); there is no numeric per se THC blood limit and no statutory zero-tolerance provision for detectable THC while driving. (Note: SD separately criminalizes ingestion of a controlled substance under SDCL 22-42-15, distinct from DUI.) https://norml.org/laws/south-dakota-penalties-2/
- ↑ No South Dakota cannabis criminal penalty has been statutorily increased since medical legalization (IM 26, 2021); the SDCL 22-42 weight-based grading for non-cardholders is unchanged and cardholders gained protections https://norml.org/laws/south-dakota-penalties-2/
- ↑ Net direction is lighter: medical legalization created cardholder protections and total marijuana arrests fell from 4,223 (2018) to 1,488 (2022) before partially rebounding to 2,134 (2024); no penalty was increased https://norml.org/marijuana/library/state-marijuana-arrests/south-dakota-marijuana-arrests/
- ↑ SD DOH program history (IM 26 effective July 1, 2021; SB 1 (2023) expanded qualifying conditions) and NORML/FBI arrest series. Two adult-use ballot measures (IM 27, 2022; IM 29, 2024) failed https://norml.org/marijuana/library/state-marijuana-arrests/south-dakota-marijuana-arrests/
- ↑ [SECONDARY] NORML South Dakota marijuana arrests library — CY2024 total marijuana arrests = 2,134 (2,075 possession + 59 sales), compiled from FBI UCR/NIBRS https://norml.org/marijuana/library/state-marijuana-arrests/south-dakota-marijuana-arrests/
- ↑ [SECONDARY] ACLU of South Dakota, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020, 2018 FBI data): Black residents are approximately five times more likely than white residents to be arrested for marijuana possession in South Dakota (recorded as 5.0) https://www.aclusd.org/publications/marijuana-report/