Dutchie does not provide compliance advice. Merchants are responsible for their own compliance. External Dutchie compliance documentation may be updated from time to time and has been prepared for informational purposes only, is not intended to provide, and should not be relied on for, tax, legal or compliance advice. Merchants should consult their own tax, legal and compliance advisors to determine how best to operate within the cannabis industry.
South Dakota allows cannabis sales for registered qualifying patients only. The Medical Cannabis program in South Dakota is managed by the South Dakota Department of Health.
South Dakota uses Metrc as its primary seed-to-sale tracking system. Metrc is also used to track patient allotments, however the primary point of truth for patient information in South Dakota is the state’s patient registry database.
Medical patients may purchase up to 3 oz (or an equivalent value of non-flower products) every 14 days.
Minor patients are not permitted to purchase inhalable cannabis in South Dakota.
South Dakota has defined the following product amounts are equal to one ounce of usable cannabis (flower)::
8 grams of concentrated cannabis in smokable form (net weight)
8 grams of vaporizer pens or cartridges (net weight)
5 grams of oils in oral dosage syringe, or capsule form (net weight)
800mg of THC in edible form (excluding oils)
12 fluid ounces of topical products (ointments, creams, or lotions)
1 ounce of topical products (Dry plant material, or powder)
800mg of THC in transdermal form (Patches)
Cannabis specific taxes are not outlined in the state cannabis rules.
Delivery rules have not currently been promulgated in South Dakota
South Dakota has strict provisions around patient information and data. Dispensary records and reporting may only refer to a patient’s state registry ID number, but may not capture any additional personal identifying information, unless the patient has provided consent to retain that information.
In South Dakota, online sales are limited to previous customers. A patient must make a previous purchase at the dispensary before purchasing cannabis online from that dispensary.
South Dakota Medical Cannabis Home
In July, 2023, the State Attorney General proposed a ballot initiative to repeal the medical cannabis program in South Dakota
