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