Build A Strong Defense
To Protect Your Rights

  1. Home
  2.  → 
  3. Drug Charges
  4.  → A grower’s guide under Amendment A in South Dakota

A grower’s guide under Amendment A in South Dakota

South Dakota Constitutional Amendment A went into effect July 1st, 2021. This amendment has been called the Marijuana Legalization Initiative, as it effectively legalized marijuana for recreational and medicinal use in South Dakota. 

So, can you grow marijuana plants freely, now? Not so fast. If thinking about growing marijuana at home, be aware there are strict guidelines for doing so. Failing to follow the laws regarding marijuana cultivation can lead to drug charges and civil fines. 

Can I grow marijuana plants in my home?

Although Amendment A has opened up the state to the potential for people to grow marijuana in their homes, the law comes with stipulations. Let’s take a look at some of the most frequently asked questions regarding growing at home. 

Under the new state laws, adults 21 or older can grow plants in their homes — subject to certain conditions. Recreational users can grow three plants in their homes if they live in an area where there are no licensed marijuana dispensaries. If there is more than one grower in a house, they can grow no more than six plants. Registered medical marijuana patients can also grow three plants — and possibly more — if prescribed by a doctor. 

In both cases, the plants must be in a locked space that is not visible to the public, to protect children and pets. 

Are there civil penalties for failing to follow growing guidelines?

Yes. The following are some of the civil penalties for various violations of South Dakota growing laws:

  • $250 fine if a grower has his or her plants visible to the general public
  • $250 fine if a grower does not have their plants in a locked and secured place 
  • $250 fine if a person grows marijuana when there is a registered and licensed marijuana dispensary in their jurisdiction unless there is an exception for authorized home growers 

As one can see, it is not as simple as planting a few seeds without being knowledgeable of the laws. 

If considering growing marijuana at home, or if caught breaking the growing laws in South Dakota, it is imperative to remain up-to-date on the new laws under Amendment A and any subsequent changes to the laws.