South Dakota

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.