South Dakota Marijuana Compliance
Until recently, South Dakota marijuana compliance laws prohibited the sale, possession, and consumption of both recreational and medicinal marijuana throughout the state. However, in 2020, voters passed Initiated Measure 26 to establish a medical marijuana program in the state of South Dakota.
Under this program, patients suffering from qualifying debilitating medical conditions may purchase and consume medicinal marijuana for treatment purposes. Though the state has legalized medical marijuana, South Dakota employers do not face any restrictions when conducting employee and applicant drug testing, regardless of marijuana patient status.
Register for a drug test online by clicking the "Register Now" button below. You can also call (888) 378-2499 with any questions about our drug testing services.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company's substance abuse screening program.
South Dakota Marijuana Compliance
South Dakota Marijuana Laws
Overall Status: Partially Legal
According to South Dakota marijuana law, the consumption, sale, and possession of marijuana is legal for medical purposes only. With no established recreational marijuana laws, residents can only purchase and consume marijuana if they have been diagnosed by a state-certified physician with a qualifying debilitating medical condition. With a doctor's recommendation, a patient may apply for a medical marijuana card, where they can then purchase marijuana from a South Dakota dispensary.
Medical Marijuana: Legal
In 2020, voters passed a new South Dakota marijuana compliance law that allows the consumption and sale of medicinal marijuana. Under Initiated Measure 26, patients who have been diagnosed with a chronic or debilitating medical condition may receive a marijuana treatment recommendation from a registered South Dakota medical practitioner. According to South Dakota marijuana law, medical conditions which qualify for medicinal marijuana include but are not limited to severe epilepsy, Cachexia Syndrome, and multiple sclerosis.
Decriminalized: No
There have been no updates to current legislation under South Dakota marijuana compliance law to decriminalize marijuana possession throughout the state. South Dakota residents found in possession of two ounces or less of marijuana face a misdemeanor penalty punishable by up to a year in prison and a $2,000 fine. Possessing any marijuana amount above two ounces is considered a felony penalty. Possession of up to 2.5 ounces is punishable by up to a year in prison and an increased fine of up to $4,000, while six ounces to a pound carries up to five years of jail time and a $10,000 fine.
Recreational Marijuana: Illegal
Though efforts were made to establish recreational marijuana laws alongside the medical marijuana initiative of 2020, the South Dakota Supreme Court did not legalize recreational marijuana. Under current South Dakota marijuana law, the consumption, sale, and possession of marijuana remains prohibited for adult recreational purposes but allows qualified medical patients to register for medical marijuana patient status.
Last updated 1/16/2024
Frequently Asked Questions
Is marijuana legal in South Dakota?
South Dakota marijuana compliance law prohibits recreational marijuana use but allows residents suffering from qualifying medical conditions to consume medicinal marijuana. Regardless of marijuana patient status, South Dakota employers do not face restrictions when conducting employee drug screenings.
What is South Dakota's history with marijuana?
In 2020, South Dakota voters passed Initiated Measure 26, which established the state's medical-marijuana program. Under current law, patients suffering from qualifying medical conditions can receive a doctor's treatment recommendation to purchase and consume medicinal marijuana.
What is the punishment for possession in South Dakota?
According to South Dakota marijuana law, residents found in possession of two ounces or less of marijuana face a misdemeanor charge punishable by up to a year and prison and a $2,000 fine.
Drug Tests That Exclude Marijuana
Urine Drug Panels That Do Not Include Marijuana Testing
Some of the popular drug tests that remove THC from the panel of drugs being tested are listed below:
Also try taking a look at our comprehensive list of urine drug panels that exclude marijuana. Drug tests that do not include marijuana testing can be found under the "Exclude Marijuana" section.
Hair Drug Tests That Do Not Include Marijuana Testing
To remove marijuana testing from a hair test, try one of our two popular hair tests:
For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.
Drug Panels That Include Marijuana
Urine Drug Tests That Include THC Testing
If marijuana testing is needed, the below urine drug panels include testing for THC:
For a complete list of urine drug panels that we offer, view our urine drug panels here.
Hair Drug Panels That Include Marijuana Testing
The following are hair drug tests that include testing for THC:
A comprehensive list of the hair drug panels that we offer can be found here.