South Dakota is one of the most conservative states in the country when it comes to cannabis policy. The state failed to pass any laws allowing medical or recreational cannabis.
CBD from Hemp Oil in South Dakota
Hemp CBD oil is federally legal in the U.S. Individual state laws, however, are dynamic and some states have and will enact their own laws regulating hemp-derived CBD.
Medical Cannabis in South Dakota
South Dakota has yet to pass any type of medicinal cannabis legislation and there has been little momentum to enact any type of policy. Medical cannabis initiatives were approved for the ballot in both 2006 and 2010, but voters failed to pass both. Efforts by cannabis advocates were made to get another medical cannabis initiative on the ballot in 2016, but the campaign failed to get enough valid signatures. No medical cannabis bill has yet to be introduced in 2017, but it is expected to be on the agenda.
Recreational Cannabis in South Dakota
Possession of any amount of cannabis is illegal in South Dakota. Possession of any amount of dried flower cannabis is subject to as much as a $2,000 fine and a year in prison. Being caught in possession of over 2 ounces of dried flower is charged as a felony. Possession of any amount of hash or concentrates is a felony, punishable by 10 years in prison and a maximum fine of $20,000.
Following the United States’ Justice Department’s decision in late 2014 to allow legal cannabis agriculture and sale on Native American reservations, the Flandreau Santee Sioux Tribe, located in South Dakota, was the first tribe in the country to legalize cannabis.
Cultivation of Cannabis in South Dakota
The cultivation of cannabis for medicinal or personal purposes is illegal in South Dakota. Depending on the weight of the plants found, a person could be charged with either possession or the intent to distribute.
Despite the passing of the federal 2014 Farm Bill, which gave states the ability to legalize the cultivation of industrial hemp for research and pilot program purposes, South Dakota has yet to pass any agricultural hemp legislation.