South Dakota
Status: In South Dakota, individuals may not possess marijuana for recreation or medical use. CBD is only allowable through the prescription drug Epidiolex.
| CBD Program | Medical Program | Recreational Program | Are Applications Open? |
| Legal | Not legal | Not legal | closed |
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Number of South Dakota Licenses Available
| Dispensaries | Cultivation | Manufacturing/Processing | Transportation |
| 0 | 0 | 0 | 0 |
You can read the full text of the South Dakota law at: sdlegislature.gov
South Dakota CBD Program Guidelines
South Dakota is currently not accepting applications to license marijuana businesses. To get ahead of the game and prepare for your marijuana business in the event the state legalizes marijuana businesses, review the resources below.
RECOMMENDED SOUTH DAKOTA MARIJUANA BUSINESS PLANS FOR MARIJUANA BUSINESS LICENSE:
- South Dakota Marijuana Business Plan Package
- Business & Operations Plan Template
- Cultivation Plan Template
- Manufacturing/Processing Plan Template
- Environmental Plan Template
- Financial Plan Template
- Fire Safety Plan Template
- Inventory Control Plan Template
- Patient Education Plan Template
- Patient Recordkeeping Plan Template
- Product Safety Plan Template
- Security Plan Template
- Staffing Plan Template
- Suitability of Proposed Plan Template
- Transportation Plan Template
The History of South Dakota Marijuana
On the 2006 ballot, the first bill to allow medical marijuana, called The South Dakota Medical Marijuana Initiative (Initiative 4) was defeated by a narrow margin of 52-47. In 2010, it was revived under the same name, now known as Initiative 13 where it was defeated again, but a large margin of 63-36%. An attempt to bring the same initiative to the 2016 ballot again failed.
Current South Dakota law makes industrial hemp illegal and all forms of CBD oil illegal. The only exception is the prescription drug Epidiolex which was recognized by the 2019 legislature as a controlled substance under Senate Bill 22. Governor Kristi Noem signed that bill into law on February 19, 2019, which included an emergency clause to have the law go into effect immediately. This action leaves any other use or possession of CBD oil as a violation of state law.
A newly formed political campaign, South Dakotans for Better Marijuana Laws, has launched an effort to get two marijuana reform initiatives on the 2020 ballot in South Dakota . The first ballot initiative, a proposed constitutional amendment, would legalize and regulate marijuana for adults 21 and older and direct the legislature to enact laws regulating the cultivation and sale of hemp. The second ballot initiative, a proposed statutory amendment, would establish a medical marijuana law for qualifying patients.
Another campaign to get medical marijuana legalization on the 2020 ballot, New Approach South Dakota, is approaching its deadline of October 31, 2019 to submit it’s needed signatures to qualify the measure to appear on the ballot.