Cannabis Rules & Regulations: South Dakota

Cannabis Rules & Regulations: South Dakota

South Dakota Cannabis History


In November 2020, South Dakota voters approved two separate measures to end a century of marijuana prohibition in the state.  Constitutional Amendment A, the Marijuana Legalization Initiative, was approved by voters but later overturned by a judge for being unconstitutional.

Initiated Measure 26 goes into effect in July, 2021 and will grant state residents access to medical marijuana. It would also create a system to license and regulate marijuana businesses and also requires the legislature to pass laws by 2022 regulating the cultivation, processing, and sale of hemp.


South Dakota Child-Resistant Packaging Rules

2021's House Bill 1193 seeks to establish labeling and packaging requirements for cannabis and cannabis products, including requiring cannabis product labels to include the following:

  • (a) The Indicate the length of time it typically takes for a product to take effect;
  • (b) Disclosing Disclose ingredients and possible allergens;
  • (c) A Require a nutritional fact panel; and
  • (d) Requiring Require that edible cannabis products be clearly identifiable,
  • when practicable, with a standard symbol indicating that it contains
  • cannabis;
  • (e) Disclose the amount of delta-9 tetrahydrocannabinol in the package and in
  • each serving as expressed in absolute terms and as a percentage of volume;
  • (f) Prohibit the use of bright colors, cartoon characters, and other features
  • designed to appeal to minors;
  • (g) Protect children from accidentally ingesting cannabis or cannabis products
  • by making packaging certified child-resistant and resealable;
  • (h) Ensure that packaging is opaque or plain in design; and
  • (i) Limit each serving size to no greater than ten milligrams of delta-9
  • tetrahydrocannabinol;

Useful Links for South Dakota Cannabis Regulations

South Dakota Dept. of Revenue Marijuana Homepage
South Dakota Marijuana Laws, Penalties, and Qualifying Conditions
South Dakota Industrial Hemp Plan
South Dakotans for Better Marijuana Laws


South Dakota Cannabis Growers Application

South Dakota Industrial Hemp Cultivation Application
Editor's Note: Status as of 4/8/2021

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