South Dakota

South Dakota does not have a medicinal cannabis program and the adult-use of any cannabis product is illegal, though cannabis-based medications that have received FDA approval can be prescribed to patients. Even CBD products that would be legal under federal law as specified in the 2018 Farm Bill—i.e. hemp-derived and less than 0.3% THC—may be considered illicit substances under South Dakota law. At the time of this writing, the status of these products remains an open question.

Patients from other states should note that there are major penalties for possession of cannabis. Possession of 2 oz or less is a misdemeanor. Offenders could be incarcerated for up to 1 year and may be fined $2,000. Possession of more than 2 oz is a felony. If under 0.5 lb, the punishment can be incarceration of up to 1 year and a fine of up to $4,000. If between 0.5-1.0 lb, violators may be incarcerated up to 5 years and fined $10,000. If between 1-10 lbs, violators may be incarcerated up to 10 years and fined $20,000. If over 10 lbs, the term of imprisonment may be up to 15 years and the maximum fine could be $30,000. The punishment for cultivation is based on the total weight of the plants.

Possession of concentrated cannabis is a felony punishable by up to 10 years in prison and a fine of $20,000. 

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