South Dakota Medical Marijuana

Updated on January 30, 2019.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

Recent Legislation Changes

As legislation changes in South Dakota, check back to this section for information about how those legislative changes will affect the prospect of medical marijuana in South Dakota.

Medical Marijuana in South Dakota

The State of South Dakota has NOT yet established a medical marijuana program, which allows you to receive a marijuana recommendation from a certified physician, apply for a State-issued Medical Marijuana Card, and grow and/or purchase medical marijuana for medicinal use per state issued guidelines. We have compiled the following index of information to serve as a library to our users for a legal reference of their South Dakota’s laws and guidelines regarding Medical Cannabis. Please feel free to signup to our marijuana newsletter located on the bottom of our website.

NOTE: We have created a medical marijuana patient waitlist for all non-legal marijuana states listed below. Please feel free to fill out the medical form located on the homepage of our website and a representative will call you once your state has enacted medical marijuana laws for patients and providers.

Please click a corresponding link to find out more about your South Dakota’s Medical Marijuana Program and what you can do to prepare yourself for medicinal marijuana in South Dakota.

Bills and Proposed Legislation

On February 14, 2017, the South Dakota Senate passed Senate Bill 157 (SB 157) to create an exception for people with a certain quantity of marijuana who have a valid medical marijuana card that was issued in another state where medical marijuana has been legalized. The bill, which was introduced by Senators Heinert, Peters, Nesiba, and Sutton as well as Reps. Wismer, McCleerey and Bordeaux, seeks to amend Sections 22-42-6 which states the penalties for possession of marijuana.

If the bill is signed into law, anyone found in possession of five grams of marijuana or lower with a medical marijuana card will be exempt from the penalties for marijuana possession. This bill does not legalize marijuana in South Dakota, but it allows citizens of other states who come visiting to use their marijuana medication to treat serious medical conditions. It also acknowledges the fact that marijuana is a potent drug for treating many ailments.

On March 8, 2017, the state Senate in South Dakota also passed Senate Bill 96, which proposes to take out cannabidiol or CBD oil from the legal definition of marijuana in the state and turn it into a Schedule 4 controlled substance. But the bill also required any CBD oil recommended by a physician to be approved by the FDA.

This requirement could curtail access to cannabidiol because the FDA is yet to certify any brand of CBD oil. However, when the committee on health and human services approved the bill, the requirement for FDA approval was removed through an amendment. If this bill is ratified by the governor, it means that CBD will be available in drug stores for people who need it to treat conditions like epilepsy and cancer.

Senate Bill 129 is another marijuana-related bill that was introduced to change the severe law that criminalizes the ingestion of marijuana in the state. The current law punishes people who use marijuana in a state where it has been legalized if they are tested and it’s found in their blood. The sponsors of the bill have, however, said that they aren’t using the bill to take a step toward the legalization of marijuana for medical or recreational use.

Possession and Cultivation Regulations

Possession of marijuana in South Dakota for either medical or recreational use is a criminal offense. A person found with two ounces or less has committed a Class 1 misdemeanor which is punishable by a jail term of 12 months and a $2,000 fine. Possession of two ounces to half a pound attracts a two-year jail term and a fine of $4,000. Possessing 10 pounds or more of marijuana could attract a jail term of 15 years and a fine of $30,000.

Cultivation of marijuana in South Dakota for personal use or distribution is also prohibited. Anyone found in possession of marijuana plants will be punished like someone who has been found guilty of possession of marijuana. The penalties will be based on those established for possession of marijuana for personal use or for sale.

Telemedicine Services in South Dakota

Telemedicine is legal in South Dakota. However, there are certain restrictions on the type of telemedicine and patient settings that can be covered by Medicaid. For instance, there is no parity law, and the state’s Medicaid program defines Telehealth as a real-time connection between provider and patient. So, store-and-forward technology is not covered by Medicaid. Two-way interactive video is, however, included among the permitted modes of communication in telemedicine.

The type of telemedicine services that Medicaid will provide reimbursements for include: office or outpatient visit, pharmacologic management, inpatient hospital consultation and patient office consultation. Medicaid will also provide coverage for home monitoring services when the patient is living at home. The only stipulation is that the patient must be at least 60 years of age or 18+ years with a disability.

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South Dakota Medical Marijuana Laws

Get immediate access to South Dakota’s Full Medical Marijuana Laws. Learn all you should know about legal regulations for possession, use, prescription, cultivation and sale of cannabis for medical or recreational usage. These important laws are written in a way you can read and understand quickly without consulting a lawyer for interpretation.

South Dakota Medical Marijuana Facts

We’re determined to provide all the facts you should know about medical marijuana in South Dakota. You can count on us for updated and accurate facts about marijuana, its use, regulations, doctors, dispensaries and everything that will enable you to separate myths from reality.

Connect With Marijuana Doctors in South Dakota

While South Dakota is yet to legalize the use of medical marijuana, the legislation being passed by the state Senate shows that steps are being taken toward it. When it is legalized, you will have to get the written diagnosis and certification from a licensed doctor in South Dakota before you’ll be qualified to take medical marijuana. That’s why we already have a system that will enable you to quickly find a reputable licensed physician who practices close to where you live:

  • Utilize Our Efficient Doctors Search System — We’ve been building a well-established network of competent and committed doctors for many years. You can easily find and link up with one of our strictly-vetted marijuana doctors in South Dakota.

Go to the doctor search page and enter your zip code. The search results will display all the available physicians in your community. You can also click on one of the cities on the search page to view the list of doctors that can help you handle issues related to examination, diagnosis and treatment of conditions that can be helped by medical marijuana.

  • See Each Doctor’s Profile and Patient Reviews  To help you choose the most suitable doctor, we ensure you have sufficient information about the physician you desire to consult. After you select any of the doctors in the search results, you’ll be taken to a page where you can see the doctor’s operating hours, terms of service, fees and reviews provided by previous patients.
  • Request an Appointment  After you’ve gone through a doctor’s profile, schedule an appointment at a mutually convenient time. Simply click on the “Request an Appointment” button, and you’ll be able to complete the booking process within a few minutes.

Locate Marijuana Dispensaries

At this time, state lawmakers have not approved the sale of medical cannabis in dispensaries or drug stores. So, you’ll need to wait until the sale of medical marijuana is legalized and marijuana dispensaries are licensed before you can take a prescription to buy medical marijuana in South Dakota.

Nonetheless, we’ve developed a directory that will accommodate these dispensaries when they are finally approved. For each state, we offer you a simple search system that will enable you to find dispensaries close to your residence.

All the dispensaries we list in our directory are run by competent pharmacists who have the expertise and experience required to deliver the best strains of cannabis to treat qualifying medical conditions. We also provide their contact details and make it very easy for you to schedule an appointment. Contact each provider and ask about the products they have in stock, as well as with their prices and more.

South Dakota Qualification

Find out Who Qualifies for Marijuana in South Dakota in our definitive guide of South Dakota’s qualification guidelines. Read up on medical conditions that are covered under South Dakota’s medical marijuana program, age restrictions, criminal conviction restrictions, and more.

South Dakota Medical Marijuana Laws

Read South Dakota’s Full Medical Marijuana Laws to gain full specific knowledge of South Dakota’s exact legal guidelines without interpretation.

South Dakota Medical Marijuana Card

Find out how to obtain a(n) South Dakota Medical Marijuana Card with our guide to South Dakota’s state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know South Dakota’s requirements.

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Finally, a helpful & informative website! answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO