South Dakota Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of South Dakota. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
RESTRICTEDSouth Dakota allows hemp-derived CBD products with less than 0.3% THC under state law, but the sale and possession are regulated. The state requires products to be registered and tested, and prohibits THC levels above federal limits. See SD Codified Laws § 34-20G.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC; possession of higher THC content is illegal.
Sale
Sale allowed if products are registered with the state and comply with testing requirements.
Penalties
Possession or sale of non-compliant products can result in misdemeanor charges and fines up to $1,000.
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
ILLEGALSouth Dakota has banned Delta-8 THC under its controlled substances laws. The state classifies Delta-8 THC as a Schedule I controlled substance under SDCL § 34-20B-2, making its possession and sale illegal.
Possession
Possession of Delta-8 THC is illegal and treated as possession of a Schedule I controlled substance.
Retail Sale
Sale or distribution of Delta-8 THC is prohibited and subject to criminal penalties.
Penalties
Penalties include felony charges with potential imprisonment and fines under SDCL § 34-20B-6.
Age Restriction
None (illegal for all ages).
Delta-9 THC Edibles
RESTRICTEDHemp-derived Delta-9 THC edibles are restricted in South Dakota. In 2026, the legislature considered bills to ban intoxicating hemp products (SB 61) and to prohibit the sale of any THC product to individuals under 21 (SB 80).
Possession
Legal with restrictions on potency
Retail Sale
Legal through licensed retailers only
Penalties
Non-compliant products may result in fines.
Age Restriction
21+
Kratom
ILLEGALKratom is classified as a Schedule I controlled substance under South Dakota Codified Laws § 34-20B-2. Possession, sale, and distribution of kratom are prohibited in South Dakota.
Possession
Illegal to possess any amount of kratom.
Sale
Illegal to sell, distribute, or manufacture kratom.
Penalties
Possession or sale can result in felony charges with penalties including imprisonment and fines under SDCL § 22-42-5.
Age Restriction
N/A
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are classified as a Schedule I controlled substance under South Dakota law. Possession, sale, and use are prohibited under SDCL § 34-20B-2, which aligns with federal Schedule I classification.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell, distribute, or manufacture psilocybin mushrooms.
Penalties
Possession is a felony punishable by up to 5 years imprisonment and/or fines up to $10,000.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALDespite voters approving recreational marijuana in 2020, the law was overturned by the state Supreme Court. As a result, recreational marijuana remains illegal in South Dakota, creating a confusing and often frustrating legal environment. Medical marijuana is legal for registered patients.
Personal Possession
Recreational possession of two ounces or less of marijuana is a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine. Possession of more than two ounces is a felony. Medical marijuana patients may possess up to three ounces of cannabis from a licensed dispensary.
Retail Purchase
The sale of recreational marijuana is a felony. Medical marijuana is sold through state-licensed dispensaries to registered patients.
Penalties
Possession of 2 oz or less: Class 1 misdemeanor (1 year, $2,000 fine). 2 oz to 0.5 lb: Class 6 felony (2 years, $4,000 fine). 0.5 to 1 lb: Class 5 felony (5 years, $10,000 fine). Over 1 lb: Class 4 felony (10 years, $20,000 fine).
Age Restriction
21+ for the overturned recreational law. For medical marijuana, patients must be 18+ or have a designated caregiver.
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in South Dakota. South Dakota enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in South Dakota. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in South Dakota.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A