South Dakota: Medical Marijuana Handbook

South Dakota:

South Dakota Marijuana Tax Rate

Sales Tax Medical Excise Tax Medical Max Medical Tax Sales Tax Recreational Excise Tax Recreational Max Recreational Tax
N/A N/A N/A 4.50% 15.00% 19.50%
South Dakota's medical marijuana program is relatively new, and laws may change on a frequent basis.

2021 South Dakota Medical Marijuana Handbook

South Dakota has 6 bordering states consisting of Iowa, Minnesota, Montana, Nebraska, North Dakota, and Wyoming.

Medical marijuana is legal in Iowa , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Iowa.


Medical marijuana is legal in Minnesota , but they choose not to tax medical marijuana. There is no cannabis excise tax charged on medical marijuana in Minnesota.


Medical marijuana is legal in Montana , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Montana.


Medical marijuana is legal in North Dakota and is subject to a cannabis sales tax of 5.00%. There is no cannabis excise tax charged on medical marijuana in North Dakota.


Medical Marijuana is illegal in Nebraska, and Wyoming, so there is no tax on medical marijuana in those states.

About South Dakota Medical Marijuana

Is medical marijuana legal in South Dakota?

Yes, medical marijuana is legal in South Dakota

When and how did South Dakota legalize marijuana for medical use?

South Dakota legalized medical marijuana in 2020. This law was passed using Initiated Measure 26 and passed with a vote of 69.92%. The official name for this law is the South Dakota Codified Law (SDCL) Chapter 34-20G

South Dakota Medical Marijuana possession limits


Marijuana:

  • 3 ounces

Plants:

  • 3 plants
  • Greater quantity allowable if authorized by a physician.

Is it legal to grow marijuana for medicinal use at home in South Dakota?

Yes, medical marijuana patients are allowed to grow marijuana for medicinal use.

Minimum amount of plants allowed to be cultivated is 3 plants. Maximum allowed is gauged according to a physician's prescription.

Are there medical dispensaries available to patients?

Yes, as long as the patient presents the appropriate documentation for South Dakota.

In any fourteen days period, a dispensary can't dispense above 3 ounces of cannabis to a non-resident cardholder or a registered qualifying patient, either directly or via a designated caregiver. Dispensaries must keep adequate records to ensure compliance.

Is there a list of specific conditions for medical marijuana in South Dakota?

Positive status for Human Immunodeficiency Virus (HIV) or the treatment of this condition

The list above, and more detailed information on it, can be found in the South Dakota medical marijuana law

Does South Dakota have a medical registry system or ID card?

Yes, South Dakota keeps track of their medical marijuna patients.

Does South Dakota recognize patients from other states?

Yes, South Dakota recognizes medical marijuana patients from other states.

As of July 2021, a nonresident cardholder can possess, transport, or use cannabis products in South Dakota jurisdiction (without penalty) if the quantity does not exceed 3 ounces or such other limit subsequently set by the Department.

Are there any age restrictions for medical marijuana in South Dakota?

Patients under the age of 18 can be registered only if the qualifying patient's practitioner explains in details the possible risks and benefits of the substance to the custodial parent or legal guardian with responsibility for healthcare decisions for the patient. The said parent or guardian then consents in writing:

  • to allow the use by the child
  • to be the child's designated caregiver;
  • to control the acquisition, dosage, and frequency of use by the child


** This Document Provided By SalesTaxHandbook **
Source: http://www.salestaxhandbook.com/south-dakota/marijuana/medical