South Dakota

South Dakota is one of three states that has no form of medical cannabis access.  In 2017, Mount Rushmore State lawmakers did secure enactment of legislation (SB 95) that excluded CBD from the state’s definition of marijuana, and downgraded CBD from Schedule I to Schedule IV on the state’s list of controlled substances. CBD treatment is legal in South Dakota as of March. The program limits patients to cannabidiol preparations with 0.3 percent or less THC, in compliance with USDA hemp standards and authorizes in-state production along those rules. Details on how these laws apply to patients and medical professionals can be found below.

Here is a breakdown of how South Dakota fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for South Dakota can be found below. For policy updates sign up here.

Patient Rights and Civil Protections	90/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 20/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	35/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 0/20 - Authorizes Delivery 0/10 - Authorizes Curbside Pickup 0/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 0/30 Reciprocity 10/20
Program Functionality	58/100
Legal Protections Within Reasonable Time Frame 0/20 Reasonable Possession Limits 7/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 0/15 Patient and Physician Representation in Program Decision Making 20/20 Reasonable Caregiver Standards 1/5 - Background Checks 0/2 - Number of Caregivers 1/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	36/100
Sales Tax Break for Patients and Caregivers 5/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 16/20 Financial Hardship Waivers or Discounts 10/20 Donation Program 0/10 Allows Multi-Year Registrations 5/10
Health and Social Equity	75/100
State Program Protections 25/25 Housing Protections 25/25 Access for Minors 9/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 5/10 Allows Patients to Medicate Where they Choose 5/10 Organ Transplants 5/5 Ownership or Employment Restrictions 1/5
Consumer Protection and Product Safety	126/200
Cultivation Operations 31/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 4/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 1/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 2/8 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 0/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 2/7 Manufacturing Operations 30/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 2/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 0/1 - Pesticides 0/1 - Heavy Metals 0/1 - Residual Solvents 0/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 4/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 1/1 Complaints, Adverse Event Reporting and Recall Protocol 1/5 Dispensary Operations 17/50 Staff Training 10/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 1/1 - Storage 0/1 - Batch and Lot Tracking 0/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Product Testing 0/10 - Product Meets Requirements Before Sale 0/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 4/13 Laboratory Operations 48/50 Independent or Third-Party 5/5 Laboratory Sampling 5/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 0/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Result Reporting 4/4
Score Penalties	15/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/10 Administrative or Supply Problems 5/15 Requires Vertical Integration 0/15 Creates New Criminal Penalties for Patients 10/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.