South Dakota now permits adults to possess up to one ounce (28 grams) of dried cannabis for personal use, a clear increase from the ½‑ounce limit that applied before the 2026 amendments. The change came after voters approved Amendment A in 2022 and the state legislature enacted the “2026 Cannabis Expansion Act,” which also set new home‑cultivation thresholds and clarified possession rules for medical cardholders.
Current Legal Possession Limits
- Adults (21 and older): Up to 1 ounce of dried flower or its equivalent in concentrates, edibles, or tinctures.
- Medical Patients: Up to 2 ounces of dried cannabis and unlimited amounts for licensed extracts, provided the product is stored securely and labeled according to state guidelines.
- Cultivation: Adults may grow up to 3 mature plants and 3 seedlings per household; medical patients may cultivate up to 6 mature plants.
These limits reflect the intent of the 2026 updates to align South Dakota with neighboring states that have adopted more permissive recreational frameworks while maintaining safeguards against diversion.
Key Updates Effective 2026
- Possession Threshold Increase – The statutory ceiling rose from ½ ounce to 1 ounce for recreational users, eliminating the previous “two‑hand” rule that caused confusion in law‑enforcement encounters.
- Home‑Cultivation Expansion – Households can now maintain up to three mature plants, a shift from the single‑plant restriction that existed before 2026.
- Labeling & Testing Requirements – All commercial products must display THC/CBD potency, pesticide screening results, and batch numbers on the packaging, complying with the South Dakota Department of Health’s 2026 standards.
- Zero‑Tolerance for Driving Under Influence – The state adopted a per se impairment law, defining a blood THC concentration of 5 ng/mL as illegal while driving.
- Expungement Pathway – Individuals with prior convictions for possession of less than 1 ounce can apply for automatic record sealing, a provision added to reduce the long‑term impact of earlier prohibition policies.
These reforms were motivated by a combination of public‑opinion polling (71 % of South Dakotans supported increased possession limits in a 2025 survey) and economic projections that estimate a $150 million annual tax revenue stream from regulated sales.
Frequently Asked Questions
What is the legal limit for THC concentration in edible products?
Edibles may contain no more than 10 mg of THC per serving and a maximum of 100 mg per package. Products exceeding these limits must be labeled as “concentrated” and sold only to verified medical patients.
Can I possess cannabis in a vehicle if I’m over 21?
Yes, provided the product is stored in a sealed container that is not accessible to the driver or passengers while the vehicle is in motion. Open containers or visible bags are considered a violation under the 2026 transportation rule.
Are there any restrictions on where I can consume cannabis?
Public consumption remains prohibited. Use is allowed only on private property, in licensed consumption lounges, or in designated outdoor areas that meet local ordinances. Violating this rule results in a civil penalty of up to $500.
How does the law treat possession of cannabis by minors?
Anyone under 18 caught possessing any amount faces a juvenile misdemeanor, with mandatory counseling and a potential fine of up to $250. Medical minors with a physician’s recommendation may possess up to ½ ounce under strict supervision.
Do the 2026 amendments affect federal employees working in South Dakota?
Federal employees are still subject to federal law, which classifies cannabis as a Schedule I substance. While state law permits possession up to 1 ounce, federal employment contracts may contain zero‑tolerance clauses that supersede state provisions.