Cannabis in South Dakota

Possession of any amounts of edibles, hash, and concentrates is a Class 5 felony, punishable by up to 5 years in prison and a fine of up to $10,000.

[13][14] Cannabis activist Emmett Reistroffer commented that the decrease of support in 2010 was due in part to the rise of the Tea Party movement and the presence of an anti-cigarette smoking bill on the same ballot.

[16] In mid-2015, South Dakotans Against Prohibition (SDAP) began circulating petitions to put decriminalization of marijuana on the November 2016 ballot, reclassifying possession of 1 ounce (28 g) or less a civil, rather than criminal, infraction, and remove penalties for paraphernalia and consumption.

This prevented the legalization of recreational marijuana in South Dakota from going into effect, pending a higher court's decision.

[25] The case was subsequently appealed to the South Dakota Supreme Court, and the defendants submitted their initial arguments on March 10, 2021.

[26] On November 24, 2021, the South Dakota Supreme Court ruled 4-1 that the Amendment A was unconstitutional, striking down recreational legalization.