SOUTH DAKOTA

South Dakota’s medical marijuana program opened in late 2021. In-person visits are required in order to obtain your state issued medical marijuana card. The Flandreau Santee Sioux Tribe (FSST) medical program is separate from the State’s program.  Marijuana Card Clinic is the premium option for obtaining your state green card for South Dakota. There are no upfront fees, we do not take payment until you have been certified by one of our physicians. Should you be denied, your money will be refunded –however, we have never had a patient denied!

Medical marijuana patients must meet the following qualifications:

  • Be 18 years of age or older
  • Patients under 18 years of age must have parental consent
  • Have a current diagnosis of a qualifying condition (see below)
  • Hold an official written certification from a physician
  • Be a South Dakota resident with proof of residency (valid South Dakota driver’s license or state ID card)

Qualifying medical conditions set forth by the state are a chronic or debilitating disease or medical condition or its treatment that produces on or more of the following:

  • Cachexia or wasting syndrome
  • Severe, debilitating pain
  • Severe nausea
  • Seizures
  • Severe and persistent muscle spasm, including those characteristic of Multiple Sclerosis
  • Any other medical condition or its treatment added by the department

Patient must submit medical records to the clinic prior to appointment.

Medical marijuana patients may possess up to 3 ounces of cannabis including other allowable products.  With an additional cultivation license, patients may grow up to 3 plants, and if needed a physician may authorize patient to cultivate in greater quantities.  Patients may designate a “caregiver” provided the caregiver qualifies.

How to obtain your Medical Marijuana Card?

Step 1: Book an Appointment

      -Call us at 605-836-3104or schedule an appointment online.

Step 2: Meet with the Physician and obtain your Physician Certification Form

-Prior to your visit, complete the electronic paperwork e-mailed to you by the clinic staff.

-Meet with one of our physicians to review your medical history, including qualifying conditions.

-Following your appointment, a Physician Certification Form will be submitted to the State of South Dakota through an on-line portal.

Step 3: State Sign-up

-Patient will receive an e-mail from the State to create an account on medcannabisapplication.sd.gov.

-See other State requirements below.

Step 4: Caregivers (If applicable)

            -See Caregiver information below.

Step 5: Approval

-Wait for approval from the State*.

-Once approved, your medical cannabis card will be mailed to you.

-Purchase medical marijuana from a local certified dispensary.

*Applications for a medical cannabis card cannot be processed until the South Dakota Medical Cannabis Program receives the certification for medical cannabis use by the physician.

Frequently Asked Questions

What are the qualifying conditions to become a medical cannabis patient?

Under the law passed by the voters, a condition that allows a patient to use medical cannabis must be a “debilitating medical condition,” which is defined by SDCL 34-20G-1 as “a chronic or debilitating disease  or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis”.

What is the process to apply for a medical cannabis card?

ARSD 44:90:02 establishes the requirements for applying for a medical cannabis card including:

  • A photocopy of an unexpired form of identification (e.g., driver’s license, passport, US government-issued ID card, tribal ID card, student ID card);
  • A passport-quality photo; and
  • A $75 Low-income individuals (those with gross monthly household income <130% of the federal poverty level) can request a reduced fee by providing documentation of household income.

Applications for a medical cannabis card cannot be processed until the South Dakota Medical Cannabis Program receives the certification for medical cannabis use by the patient’s physician.

What type of photo should I submit with my application?

Per 44:90:04:04, a photograph meeting all of the following requirements:

  1. A high-resolution color photo that is not blurry, grainy, pixelated, or digitally altered;
  2. Uses a clear image of the individual’s face without filters;
  3. Uses a plain white or off-white background;
  4. Is two by two inches in size;
  5. Is printed on matte or glossy photo quality paper; and

Is not damaged with holes, creases, or smudges.

When will I be able to apply for a medical cannabis card?

The South Dakota Medical Cannabis Program began accepting applications from qualifying patients on November 8, 2021.

The South Dakota Medical Cannabis Program began accepting applications from qualifying patients on November 8, 2021.

Per SDCL 34-20G-1, physicians with authority to prescribe drugs to humans must provide a written  certification stating that, in their professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s debilitating condition or symptom associated with the debilitating condition. The document must affirm that it is made in the course of a bona fide practitioner-patient relationship and must also specify the qualifying  patient’s debilitating medical condition. An in-person assessment is required. Physician participation in the medical cannabis patient certification process is voluntary.

Is there a list of physicians that will provide a certification for medical cannabis use?

No, the South Dakota Medical Cannabis Program does not maintain a list of physicians who will provide a certification for medical cannabis use.

Can a medical cannabis patient have a designated caregiver?

Yes, so long as the designated caregiver:

  • Is at least twenty-one years of age;
  • Has agreed to assist with a qualifying patient’s medical use of cannabis;
  • Has not been convicted of a disqualifying felony offense; and
  • Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver’s qualifying patients each reside in or are admitted to a health care facility or residential care facility where the designated caregiver is

What do I need to be able to grow cannabis plants in my home?

As part of the application process to obtain a registry identification card for the South Dakota Medical Cannabis Program, applicants may also apply to cultivate three cannabis plants in their home. An application to cultivate more than three plants simultaneously for a single patient’s use must be accompanied by a certification from the individual’s physician authorizing cultivation of an extended plant count.

What if I'm stopped by Highway Patrol, but I don't have a medical cannabis card?

Highway Patrol personnel will not, at the scene of a stop or interaction, arrest a South Dakota resident who is unable to present an unexpired medical cannabis card, as long each of the following apply:

  • The individual possesses no more than three ounces of natural and unaltered marijuana, as defined by SDCL 22-42-1;
  • The individual claims at the time of the interaction that the medical cannabis is to treat or alleviate a debilitating medical condition as defined by SDCL 34-20-1;
  • The individual produces printed or electronic documentation relative to the debilitating medical condition from a licensed medical doctor.

What if I have a nonresident card or tribal card?

Highway Patrol personnel will not arrest nonresident or tribal cardholders for possession of cannabis, nor will they seize the cannabis or any associated paraphernalia, if the following applies:

  • The cardholder presents an unexpired medical cannabis card issued by another state; and
  • He or she possesses no more than three ounces of natural and unaltered cannabis, as defined by SDCL 22-42-1.

Am I allowed to consume cannabis in a car?

South Dakota’s impaired driving laws still apply. An individual may not operate a motor vehicle under the influence of medical cannabis. Drivers are prohibited from smoking or consuming cannabis or cannabis concentrate. Passengers are also prohibited from smoking cannabis or cannabis concentrate.

How will medical professionals/care provider(s) and/or law enforcement representatives be able to verify I hold a valid medical cannabis permit holder?

The South Dakota Medical Cannabis Program is in the final stages of implementing a statewide patient registry, verification, and licensing system that will ensure that only verified patients and caregivers have access to medical cannabis. The patient verification system will also ensure that South Dakota law enforcement officials have the necessary tools to accurately identify medical cannabis patients/caregivers they may encounter.

Will the information I provide to obtain a medical cannabis registration be secure?

The South Dakota Medical Cannabis Program takes privacy and health information security seriously. The secure online registry system for patients, caregivers, physicians, and law enforcement will meet or exceed all state and federal standards for confidentiality, accessibility, and information security.

How does medical cannabis use impact a qualifying patient’s employment, housing, parole status, child custody, etc.?

The South Dakota Medical Cannabis Program cannot provide legal advice to qualifying patients as to the impact of medical cannabis use. Qualifying patients or others with legal questions should consult with their own legal counsel.

  • (605) 836-3104
  • info.sd@mmjcardclinic.com