South Dakota

South Dakota

NO
Registered Patient Population		 0%
of Total Population Represented by Patients		 0
Total Medical Retail Locations Currently in Operation		 N/A
Ratio of Patients to Retail Location

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.

Patient Rights and Civil Protection 0/100   
Arrest Protection 0/40
Affirmative Defense 0/15
Parental Rights Protections 0/10
DUI Protections 0/5
Employment Protections 0/5
Explicit Privacy Standards 0/7
Housing Protections 0/5
Does Not Create New Criminal Penalties for Patients 0/5
Organ Transplants 0/5
Reciprocity 0/3
Access to Medicine 0/100   
Allows Distribution Programs 0/40
– Allows Access to Dried Flowers 0/15
– Allows Delivery 0/5
– No Sales Tax or Reasonable Sales Tax 0/5
– Allows for a Reasonable Number of Dispensaries 0/5
– Does Not Require Vertical Integration 0/2
– Ownership/Employment Restrictions 0/2
– Provisions for Labor Standards 0/2
– Environmental Impact Regulations 0/2
– Choice of Dispensary Without Restrictions 0/2
Noncommercial Cultivation 0/20
– Personal Cultivation 0/15
– Collective Gardening 0/5
Explicit Right to Edibles/Concentrates/Other Forms 0/10
Does not Impose Bans or Limits on THC 0/10
Does not Impose Bans on CBD 0/10
Local Bans/Zoning 0/10
Ease of Navigation 0/100   
Comprehensive Qualifying Conditions 0/50
Adding New Conditions 0/10
– Law/Regulations Allow for New Conditions 0/5
– System Works for Adding New Conditions 0/5
Reasonable Access for Minors 0/10
Reasonable Caregiver Background Checks 0/4
Number of Caregivers 0/2
Patient/Practitioner-Focused Task Force or Advisory Board 0/2
Reasonable Fees (Patients and Caregivers) 0/10
Allows Multiple-Year Registrations 0/2
Reasonable Physician Requirements 0/5
Does Not Classify Cannabis as a Medicine of Last Resort 0/5
Functionality 0/100   
Patients Able to Access Medicine at Dispensaries or by Cultivation 0/50
No Significant Administrative or Supply Problems 0/15
Patients Can Receive Legal Protections Within Reasonable Time Frame of Doctor's Recommendation 0/10
Reasonable Possession Limits 0/5
Reasonable Purchase Limits 0/5
Allows Patients to Medicate Where They Choose 0/5
Covered by Insurance/State Health Aid 0/3
Financial Hardship (Fee Waivers/Discount Medicine) 0/7
Consumer Safety and Provider Requirements 0/100   
Dispensing 0/25
Staff Training 0/5
Standard Operating Procedures 0/5
– Facility Sanitary Conditions 0/1.25
– Storage Protocols 0/1.25
– Reasonable Security Protocols 0/1.25
– Inventory Control 0/1.25
Recall Protocol and Adverse Event Reporting 0/5
Product Labeling 0/5
– Product Contents, Including Source Material Identification 0/1.67
– Allergens 0/1.67
– Potency/Compound Identification 0/1.67
Required Testing 0/5
– Active Compound Identification 0/1.67
– Contaminants 0/1.67
– Potency 0/1.67
Grow/Cultivation 0/25
Staff Training 0/5
Standard Operating Procedures 0/5
– Facility and Equipment Sanitary Conditions 0/0.71
– Workforce Safety Protocols 0/0.71
– Storage Protocols (Short-Term and Long-Term Storage) 0/0.71
– Reasonable Security Protocols 0/0.71
– Batch and Lot Tracking 0/0.71
– Disposal/Waste 0/0.71
– Water Management 0/0.71
Pesticide Guidance 0/5
– Pesticide Guidance 0/2.5
– Pesticide Labeling 0/2.5
Required Testing 0/5
– Active Ingredient Identification 0/1.25
– Contaminants 0/1.25
– Potency 0/1.25
– Sample Retention 0/1.25
Recall Protocol and Adverse Event Reporting 0/5
Manufacturing 0/25
Staff Training 0/5
Standard Operating Procedures 0/5
– Facility and Equipment Sanitary Conditions 0/1
– Workforce Safety Protocols 0/1
– Storage Protocols 0/1
– Reasonable Security Protocols 0/1
– Batch and Lot Tracking 0/1
Product Labeling 0/5
– Product Contents, Including Source Material Identification 0/1.67
– Allergens 0/1.67
– Potency and Compound Information 0/1.67
Required Testing 0/5
– Active Ingredient Identification 0/1
– Contaminants 0/1
– Potency 0/1
– Shelf Life Testing 0/1
– Sample Retention 0/1
Recall Protocol and Adverse Event Reporting 0/5
Laboratory Operations 0/25
Staff Training 0/5
Method Validation in Accordance with AHPA Guidelines 0/5
Result Reporting 0/5
Independent or Third Party 0/5
Standard Operating Procedures and Protocols 0/5
– Equipment and Instrument Calibration 0.00/0.83
– Sample Tracking 0.00/0.83
– Facility and Equipment Sanitary Conditions 0.00/0.83
– Disposal/Waste 0.00/0.83
– Storage Protocols 0.00/0.83
– Workforce Safety Protocols 0.00/0.83
Covid Response 0/20   
Delivery Available? 0/6
Curbside Pickup Available? 0/2
Medical Cannabis Essential? 0/7
Telemedicine Available? 0/5
Excerpted from ASA's 2020 State of the States Report.

In This Section

South Dakota Medical Marijuana Laws and Regulations

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On March 17, 2017, the Governor signed SB 95 into law, which removes cannabidiol from the definition of marijuana.

The State of Medical Marijuana in South Dakota

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The State of Medical Marijuana in South Dakota

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