History scroll

South Dakota cannabis history

Reviewed

Initiated Measure 26, medical use, took effect July 1, 2021, after voters approved it on November 3, 2020. The Supreme Court declared adult-use Amendment A invalid on November 24, 2021. Official returns for a recreational-use measure list 189,916 yes and 237,228 no in 2024.

This is a short history, not legal advice. The rules that apply today are on the South Dakota cannabis laws page. A date is included only when the linked page states it.

At a glance

November 3, 2020The official returns booklet lists Initiated Measure 26 at 291,754 yes and 125,488 no. An unofficial results site showed a slightly different pair of totals.
November 24, 2021The court held that Amendment A violated the single-subject requirement, 4 to 1.
Current criminal statuteThe criminal code still says no person may knowingly possess marijuana. Cardholders have a separate medical exemption.

Votes and the court case

  1. Codified Laws 34-20G-2 cites Initiated Measure No. 26, approved November 3, 2020, effective July 1, 2021.
  2. The Unified Judicial System’s summary is the page used for the invalidity of Amendment A.
  3. The returns booklet titles the measure an initiated measure legalizing the recreational use, possession, and distribution of marijuana.

Sources

Citations were checked against the linked pages on October 24, 2026. Claims without a statute, election result, regulator page, court opinion, or news report were left out.