Any sale or purchase of medical cannabis must comply with SDCL 34-20G and ARSD 44:90. Any sale or purchase of cannabis outside of the regulated medical cannabis establishments is illegal.

Under the new law passed by the voters, a condition that allows a patient to use medical cannabis must be a “debilitating medical condition,” which is defined by SDCL 34-20G-1 as “a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

ARSD 44:90:02 establishes the requirements for applying for a medical cannabis card including:

  • A photocopy of an unexpired form of identification (e.g., driver’s license, passport, US government-issued ID card, tribal ID card, student ID card);
  • A passport-quality photo; and
  • A $75 fee. Low-income individuals (those with gross monthly household income <130% of the federal poverty level) can request a reduced fee by providing documentation of household income.

Applications for a medical cannabis card cannot be processed until the South Dakota Medical Cannabis Program receives the certification for medical cannabis use by the patient’s physician. Click here for an overview of the patient process.

As part of the application process to obtain a registry identification card for the South Dakota Medical Cannabis Program, applicants may also apply to cultivate no more than two flowering cannabis plants and two cannabis plants that are not flowering plants in their home.

Yes, so long as the designated caregiver:

▪ Is at least twenty-one years of age;

▪ Has agreed to assist with a qualifying patient’s medical use of cannabis;

▪ Has not been convicted of a disqualifying felony offense; and

▪ Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is employed.

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