SD | MIDWEST
South Dakota
TLDR
South Dakota banned most hemp-derived THC products via SB 39 in 2026. Medical marijuana is the only legal access. Voters approved recreational legalization in 2020 but the Supreme Court struck it down 4-1, and a second ballot measure was defeated 53-47% in 2022. Two failures have stalled legalization momentum.
Legal Status at a Glance
Regulatory Body
South Dakota Department of Health (medical marijuana program)
Licensing: Medical only (Initiated Measure 26, 2020); patients may possess up to 3 oz; recreational overturned by Supreme Court
Key Legislation
Medical Marijuana Legalization
Legalized medical marijuana for qualifying patients. Patients may possess up to 3 oz.
Recreational Marijuana Legalization
Voter-approved recreational legalization struck down by SD Supreme Court (4-1) on single-subject rule violation in February 2021. One of the most controversial cannabis judicial decisions in US history.
Recreational Marijuana (Statutory)
Recreational legalization ballot measure defeated 53-47% in November 2022. Second failed attempt at recreational.
Hemp-Derived THC Product Ban
Signed by Gov. Larry Rhoden in 2026. Bans Delta-8, Delta-10, THC-O, HHC, THCP from hemp retail. Revises state hemp definitions to close loopholes.
Current Events (2025-2026)
- ●SB 39 signed into law by Gov. Rhoden — major crackdown on hemp-derived THC products
- ●No active recreational legalization ballot initiative for 2026
- ●Medical program operational but limited in scope
- ●Amendment A judicial override remains deeply controversial — voters approved but courts blocked
- ●Two failed recreational attempts (Amendment A litigation, Measure 27 defeat) have significantly dampened legalization momentum
History Highlights
2020: Initiated Measure 26 — medical marijuana legalized
2020: Constitutional Amendment A — recreational approved by voters
2021: SD Supreme Court strikes down Amendment A (4-1) on single-subject rule
2022: Measure 27 recreational ballot measure defeated 53-47%
2026: SB 39 signed — bans most hemp-derived THC products
How This Connects to Our Policy
TTSA Section 1 (Legislative Authority) and ACFA Section 10 (Voter Sovereignty) — South Dakota is the defining case for judicial override of voter-approved cannabis measures. OPS explicitly opposes courts overruling the will of the people on cannabis policy.
References & Sources
- South Dakota MPP Overview →
- Marijuana Herald — SB 39 Hemp Restrictions →
- South Dakota Dept. of Health — Medical Marijuana →
Last verified: 2026-04-02. Not legal advice. Consult an attorney for your specific situation.
Community Input
Share your experience with cannabis laws in South Dakota. Your input helps shape TTSA and ACFA policy positions.
Policy by the People, for the People — One Plant Solution