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Cannabis and hemp laws
South Dakota
Recreational marijuana illegal, medical legal
Adult use
Illegal
Medical
Legal
Last reviewed
May 27, 2026
South Dakota
Cannabinoid status board
No items found.
South Dakota
Latest news and analysis
FAQ
Common questions
Is marijuana legal in South Dakota?
Recreational marijuana is illegal in South Dakota. Medical marijuana is legal.
Is THCA legal in South Dakota?
THCA sits in a gray zone in South Dakota. The compound is not listed by name in state controlled-substance statutes, but the state's hemp framework was tightened by HB 1125 in 2024, and Attorney General Marty Jackley has aligned enforcement with a post-decarboxylation reading of total THC.
Is delta-8 THC legal in South Dakota?
Delta-8 THC is illegal in South Dakota. HB 1125, signed by Governor Kristi Noem on March 18, 2024 and effective July 1, 2024, made it a crime to chemically convert hemp into delta-8, delta-9, delta-10, or any other THC isomer, analog, or derivative.
Is hemp-derived delta-9 THC legal in South Dakota?
Hemp-derived delta-9 THC is restricted but legal in South Dakota when the product stays under 0.3% delta-9 by dry weight and is derived from naturally grown hemp without chemical conversion. The threshold tracks the federal hemp definition and is carried through SDCL Chapter 38-35.
This is general information, not legal advice.
Seed Legality
Medical cardholders with home-cultivation registration may grow; seeds flow through licensed channels; rec use illegal.
Hemp seeds
Restricted
Marijuana seeds
Restricted
Sale
Restricted
Transacting
Restricted
Gifting
Restricted
Recreational marijuana remains illegal in South Dakota (Amendment A was voided and IM 29 failed in 2024), but SDCL ch. 34-20G lets registered medical cardholders who pay a $20 home-cultivation registration grow up to two flowering and two non-flowering plants, which necessarily entails seed possession within the program. The chapter also authorizes out-of-state cardholders and equivalent establishments to sell or donate cannabis seeds to licensed South Dakota cultivation facilities, making seeds a licensed-channel commodity; outside the medical program, cannabis seed transfers are treated under SDCL 22-42 prohibitions. Industrial hemp growers need a DANR license under SDCL ch. 38-35, and DANR requires a seed permit to sell hemp seed in the state.
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.