South Dakota Recreational 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%

2024 South Dakota Recreational Marijuana Handbook

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

Recreational marijuana is legal in Montana , but there is not sales tax on it. There is no excise tax charged on recreational marijuana.

Recreational Marijuana is illegal in Iowa, Minnesota, Nebraska, North Dakota, and Wyoming, so there is no tax on recreational marijuana in those states.

About South Dakota Recreational Marijuana

Is recreational marijuana legal in South Dakota?

Yes, recreational marijuana is legal in South Dakota

When and how did South Dakota legalize marijuana recreationally?

South Dakota legalized recreational marijuana in 2020. This law was passed using Constitutional Amendment A and passed with a vote of 54.18%. The official name for this law is An amendment to the South Dakota Constitution to legalize, regulate and tax marijuana.

South Dakota Recreational Marijuana possession limits


  • 1 ounce (pending litigation at the Supreme Court) 8 grams concentrate


  • 3 Plants

What are the restrictions on growing at home?

3 plants can be grown by an individual, if no licensed store is available in the local government jurisdiction. Each residence, however can not keep more than 6 marijuana plants, regardless of the number of individuals that may grow. There are civil penalties if an individual grows marijuana plants in a public place, if cultivated plants are not kept in a locked space, or if the individual grows marijuana plants in a local government jurisdiction that has marijuana retail stores. There are also fines for smoking marijuana in a public place, except licensed, or attending up to 4 hours of a drug education if underaged (age 21).

What is the name of the agency that regulates South Dakota recreational marijuana?

Department of Revenue is responsible for regulating recreational marijuana in the state of South Dakota. -->
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