A Guide to South Dakota Home Grow Laws
Last updated: March 2026
South Dakota home grow laws allow registered medical cannabis patients to cultivate up to two flowering plants and two non-flowering plants at home. South Dakota voters approved medical cannabis in 2020 with 70% of the vote, and home cultivation rights were included from the start, though they have survived two attempts by the legislature to eliminate them. If you qualify for the state’s medical cannabis program, growing at home is a legal option. Here’s what the law requires.
Disclaimer: Cannabis laws change. This post reflects our best understanding of South Dakota law as of early 2026. Always verify current rules with the South Dakota Medical Cannabis Program before making any decisions.
Table of Contents
- The Short Version
- Who Can Grow at Home in South Dakota
- How to Get Your South Dakota Medical Cannabis Card
- How Many Plants You Can Grow
- Where and How You Can Grow
- What About Recreational Home Growing?
- Ready to Start Growing?
- Frequently Asked Questions
The Short Version
| Rule | Detail |
|---|---|
| Recreational home cultivation | Not permitted |
| Medical home cultivation | Yes, registered patients only |
| Flowering plant limit | 2 plants |
| Non-flowering plant limit | 2 plants |
| Total plant limit | 4 plants |
| Cultivation authorization | Must be applied for separately as part of card application |
| Must be in locked enclosure | Yes |
| Possession limit | 3 ounces |
| Card fee | $75 ($30 for low-income applicants) |
| Statute | SDCL 34-20G |
Who Can Grow at Home in South Dakota
Home cultivation in South Dakota is available to registered patients in the South Dakota Medical Cannabis Program (SDMCP). Recreational users cannot legally grow cannabis. Growing without a medical card is illegal and carries penalties based on the weight of the plants.
Home cultivation is not automatic with your card. It must be applied for separately as part of the registry identification card application process. When you apply, you specifically request authorization to cultivate at your home address. That authorization is either approved or denied as part of your card approval.
How to Get Your South Dakota Medical Cannabis Card
Step 1: Get a practitioner certification
You need written certification from a physician, physician assistant, or advanced practice registered nurse licensed in South Dakota with authority to prescribe drugs. The provider must certify that you have a qualifying debilitating condition and are likely to benefit from the medical use of cannabis.
Qualifying conditions include: cancer, positive status for HIV/AIDS, multiple sclerosis, epilepsy or seizure disorders, Crohn’s disease, PTSD, ALS, glaucoma, and other debilitating conditions as defined under SDCL 34-20G-1(8). The South Dakota Medical Cannabis Program does not maintain a public list of providers, so you will need to find a willing practitioner in your area.
Step 2: Apply with the South Dakota Medical Cannabis Program
Submit your application at medcannabisapplication.sd.gov. You will need:
- Your practitioner certification
- A valid form of photo identification (driver’s license, passport, tribal ID, or student ID)
- A passport-quality photo meeting the program’s specifications
- Payment of the $75 application fee (reduced fees available for low-income applicants with gross monthly household income below 130% of the federal poverty level)
Step 3: Request home cultivation authorization
As part of your application, you may apply to cultivate at your home address. This is the step that grants you the legal right to grow. Do not start growing before this authorization is approved and reflected on your card.
Cards must be renewed annually. The renewal fee applies at each renewal with no exceptions.
How Many Plants You Can Grow
Authorized patients may cultivate:
- 2 flowering plants (plants actively producing buds)
- 2 non-flowering plants (plants in vegetative growth)
That is a total of 4 plants at any one time. All plants must be grown in a locked enclosure. South Dakota draws a clear line between flowering and non-flowering plants, so monitor your garden carefully as plants transition from vegetative growth into flowering.
In addition to your plants, you may possess up to 3 ounces of usable cannabis at any one time.
Where and How You Can Grow
The rules are straightforward but firm:
Locked enclosure required. All home cultivation must take place in a locked enclosure. This is a statutory requirement, not a suggestion. The space must be secured against unauthorized access.
Grow site tied to your card. Your cultivation authorization is tied to the address on your card. You may only grow at that location.
Landlord considerations. South Dakota law (SB 6, signed in 2022) protects medical cannabis patients from discrimination by landlords solely based on their cardholder status. However, landlords retain the right to prohibit cultivation specifically. Possession and use protections don’t automatically extend to growing. If you rent, check your lease and communicate with your landlord before setting up a grow space.
Minors. Cannabis cultivation areas must not be accessible to anyone under 21.
What About Recreational Home Growing?
Recreational cannabis remains illegal in South Dakota as of early 2026. Voters approved a recreational legalization measure in 2020 (Constitutional Amendment A), but the South Dakota Supreme Court struck it down in 2021 on the grounds that it violated the state’s single-subject requirement for ballot proposals. A second attempt failed at the 2022 ballot. A third attempt, Initiative 29, failed again at the November 2024 ballot.
Home cultivation rights for patients have also faced legislative pressure. On two occasions, the South Dakota House voted to eliminate patients’ home cultivation rights entirely. Both times the effort ultimately failed, with Governor Noem signing SB 24 in 2022 to preserve limited home grow rights for patients at 4 plants total. Those rights remain in place today.
Given the track record of recreational legalization failing at the ballot in South Dakota, a path to recreational home cultivation in the near term looks difficult. The medical pathway remains the clearest route to legal home cultivation in the state.
Ready to Start Growing?
Cannabis seeds are federally legal hemp products under the 2018 Farm Bill and can be purchased and shipped to South Dakota regardless of your grow status. When you’re ready to start, Triangle Hemp ships seeds directly to South Dakota. Browse our full catalog to find the right genetics for your grow.
Browse Our Seed Catalog | Read the Germination Guide | USDA Zone Map
Frequently Asked Questions
Can I grow cannabis at home in South Dakota without a medical card?
No. Home cultivation requires registration in the South Dakota Medical Cannabis Program and specific cultivation authorization on your card. Growing without authorization is illegal.
How many plants can I grow with a South Dakota medical cannabis card?
Up to two flowering plants and two non-flowering plants, for a total of four plants. All plants must be in a locked enclosure.
Do I have to apply separately for home cultivation authorization?
Yes. Cultivation authorization is not automatic with your medical cannabis card. You must apply for it specifically as part of your card application. Growing without that authorization on your card is not permitted.
What conditions qualify for a South Dakota medical cannabis card?
Qualifying conditions include cancer, HIV/AIDS, multiple sclerosis, epilepsy or seizure disorders, Crohn’s disease, PTSD, ALS, and glaucoma, among other debilitating conditions as defined under SDCL 34-20G-1(8).
What are the home grow security requirements in South Dakota?
All cultivation must take place in a locked enclosure. The grow must be at the address on your card and must not be accessible to anyone under 21.
Can I buy cannabis seeds in South Dakota?
Yes. Cannabis seeds are federally legal hemp products under the 2018 Farm Bill and can be purchased and shipped to all 50 states, including South Dakota. Triangle Hemp ships seeds directly to South Dakota. Browse our full catalog to find the right genetics for your grow.
Will South Dakota legalize recreational home growing?
Recreational legalization has failed at the ballot three times in South Dakota, most recently in November 2024. A path to recreational home cultivation in the near term looks difficult. The medical program remains the clearest legal route to home cultivation in the state.
About the Author
Matt, Co-Founder, Triangle Seeds – Matt has been growing plants commercially since 2013, starting with Endless Sun Farms before co-founding Triangle Seeds in 2017 alongside childhood friend Chase. Over more than a decade, Triangle Seeds has produced and sold over a million seeds to home growers, homesteaders, and hemp farmers across the United States. Matt and Chase manage seed selection personally, only carrying genetics we truly stand behind. Learn more about Triangle Seeds.
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