Can I grow marijuana in South Dakota?

As of now, only 16 states have legalized the adult use of marijuana for recreation. Around 27 states have permitted the use of marijuana only for medical purposes. In South Dakota, both recreational and medical uses of marijuana were legalized in November 2020. But the law was challenged by Governor Kristi Noem and the lawsuit is pending. Medical and recreational marijuana was legalized in South Dakota on 1st July 2021. 

Everything you need to know about growing marijuana in South Dakota 

South Dakota is one of the latest additions to the list of states that legalize the use of recreational and medical marijuana. As of 2021, the following are the states that permit both medical and recreational marijuana:

• California
• Nevada
• Michigan
• Colorado 
• Massachusetts
• Maine
• Alaska

Legalization of marijuana in South Dakota

The use of medical marijuana is currently legal in South Dakota. Recreational use of marijuana is mostly legalized in the state. However, there is a pending lawsuit in the House. Medical cannabis will be available in licensed medical dispensaries for qualifying patients. The medical marijuana cards will be issued by the Department of Health.

How much marijuana can you possess in South Dakota?

Qualifying medical patients with cannabis cards can possess up to 3 ounces of unaltered marijuana. Exceeding the possession limit may call for penalty charges. Moreover, those who do not have a card can possess up to 1 ounce of marijuana, given they are above 21 years of age. 

What are the penalties for marijuana in South Dakota?

Possession of 0.5 to 1 pound of marijuana is considered a Class 5 felony in South Dakota. The charges are around 5 years in prison and a fine of $10,000. This shows that South Dakota is quite rigid with drug-associated felonies. 

Driving any vehicle under the effect of marijuana is considered a Class 1 criminal misdemeanor. If you are caught for the first time, your driver’s license will be suspended for a month. Moreover, you may be charged with up to 1 year in prison and a fine of $2,000. 

Concerning the recreational in South Dakota

Constitutional Amendment A permitted the use of recreational marijuana for adults of ages 21 and above. The law allows adults to possess 1 ounce of marijuana, and about 8 g if in concentrated form. They could also grow three cannabis plants for recreational marijuana. However, this law was challenged by the Governor. Hence, the lawsuit is still pending. South Dakota awaits the legalization of recreational marijuana.

Concerning the medical marijuana in South Dakota

Medical marijuana will be available for patients with debilitating medical ailments. Following are the medical conditions that qualify for the use of marijuana:

• HIV or AIDS
• Multiple Sclerosis
• Cancer
• Chronic Pain
• ALS
• Severe nausea
• Cachexia
• Crohn’s disease
• Seizures
• PTSD
• Glaucoma

Qualifying patients can assign a caregiver to take care of their needs. This caregiver can obtain the medical marijuana for the patient; given the patient has an unexpired medical marijuana card. Following are the requirements of a caregiver:

• The caregiver must be 21 years of age or above
• Must agree to help with procuring medical marijuana for the patient
• No previous misconduct in felony offenses
• Can assist up to 5 qualifying medical patients at once

How many plants can I grow in South Dakota?

Patients who own a proper medical cannabis card can grow marijuana in South Dakota. They can grow up to a maximum of 6 cannabis plants. The cultivation must not be visible to the public. They must be grown in private space. Moreover, the owner of the private may forbid one from growing marijuana if he wishes to do so.

Where can I grow marijuana in South Dakota?

To grow marijuana in South Dakota, you must be a qualifying patient with a medical cannabis card. Moreover, you must be certified by a physician that you are a qualifying patient for medical cannabis. You must grow the marijuana in private spaces only. They must be away from the public eye and not visible from nearby streets.

Moreover, you must not grow marijuana in drug-free zones, such as schools and playgrounds. It is considered a felony and may invite harsh penalties including long imprisonments. You should grow your marijuana at home. In that case, you must register your address with the Department of Health in South Dakota. 

The location of growing marijuana cannot be accessed by everyone. Only emergency personnel, qualifying medical patients, adults above 21, or caregivers with a medical cannabis card only can access the location. 

Can I sell marijuana in South Dakota?

The sale and distribution of marijuana are illegal in South Dakota. However, if you wish to sell medical marijuana, you must obtain a license from the Department of Health in South Dakota. However, transporting marijuana within or outside the state is a Federal crime. This may invite harsh penalties.

Do you need a marijuana card in South Dakota ?

Only qualifying patients with a medical cannabis card can avail of medical marijuana. They can purchase marijuana from state-licensed dispensaries or grow marijuana in South Dakota, using the card. If you are qualified for medical cannabis, you apply to the Department of Health.

You must also have a certificate from your doctor for having a debilitating medical ailment. The doctor must also confirm that you will be benefited from the use of marijuana for your medical condition.

Do you need to carry your medical cannabis card everywhere?

It is safer to carry your card everywhere you go when possessing marijuana. But, in case you don’t have your card, you can save yourself if you have the following:

• You are carrying only 3 ounces or less of marijuana
• Marijuana is for the treatment of any of the debilitating medical ailments mentioned by the Department of Health
• You have a copy of the certification by your doctor of having a debilitating medical condition 

You can also use a non-resident card in place of a medical cannabis card, as long as you have an unexpired cannabis card. Likewise, tribal cards can be used for the same to avail of medical marijuana.