Is Home Cultivation Of Marijuana Legal in South Dakota?No, home cultivation of marijuana is not legal in South Dakota. Possession and cultivation of any amount of marijuana is illegal in South Dakota.
What Is The Maximum Number Of Marijuana Plants Allowed For Personal Cultivation in South Dakota?There is no legal allowance for personal cultivation of marijuana in South Dakota.
Are There Restrictions On The Growth Stages Of Marijuana Plants (E.G., Vegetative Vs. Flowering) in South Dakota?Yes, there are restrictions on the growth stages of marijuana plants in South Dakota. Under South Dakota law, marijuana plants must remain in the vegetative stage until they reach maturity. Once the plants reach maturity, they must then be placed in a separate flowering chamber or designated area until they have been harvested. Additionally, it is illegal to cultivate or use any form of marijuana for recreational purposes within South Dakota state borders.
Do Home Cultivators Need To Obtain A License Or Permit To Grow Marijuana in South Dakota?No, home cultivators do not need to obtain a license or permit to grow marijuana in South Dakota. However, it is illegal to cultivate, manufacture, distribute, dispense, possess, or use marijuana in South Dakota.
Are There Residency Requirements For Those Who Wish To Cultivate Marijuana At Home in South Dakota?No, there are no residency requirements for those who wish to cultivate marijuana at home in South Dakota. However, marijuana cultivation is illegal and punishable under South Dakota law, regardless of the grower’s residency status.
What Are The Location And Zoning Restrictions For Home Cultivation in South Dakota?In South Dakota, home cultivation of recreational marijuana is not allowed. The possession and sale of marijuana remain illegal in the state, and any cultivation of marijuana is prohibited. South Dakota has very strict zoning restrictions regarding the cultivation and sale of marijuana. It is illegal to cultivate or sell marijuana in any area zoned for residential or commercial use, or any place where minors are present.
Is It Legal To Share Or Gift Homegrown Marijuana With Others in South Dakota?No, it is not legal to share or gift homegrown marijuana with others in South Dakota. Possession, distribution, and cultivation of marijuana is illegal in the state.
Are There Limitations On The Amount Of Marijuana That Can Be Harvested And Stored in South Dakota?Yes, there are limitations on the amount of marijuana that can be harvested and stored in South Dakota. An individual is limited to cultivating up to three mature marijuana plants at one time, and possessing up to one ounce or 28.35 grams of usable marijuana. Possession of more than one ounce of usable marijuana is a class 1 misdemeanor punishable by up to one year in jail and/or a $2,000 fine.
Do State Laws Differentiate Between Medical And Recreational Home Cultivation in South Dakota?No, state laws in South Dakota do not differentiate between medical and recreational home cultivation. It is illegal to cultivate cannabis for any reason in the state.
Are There Restrictions On The Use Of Hydroponic Or Aeroponic Systems For Cultivation in South Dakota?Yes, restrictions on the use of hydroponic or aeroponic systems for cultivation in South Dakota exist. According to the South Dakota Department of Agriculture, hydroponic and aeroponic systems are not allowed to be used for the production of cannabis. This prohibition is in effect regardless of whether a person is growing cannabis for medical or recreational purposes.
Can Landlords Or Property Owners Prohibit Home Cultivation On Their Properties in South Dakota?Yes, landlords and property owners in South Dakota are allowed to prohibit home cultivation on their properties. However, they are not allowed to discriminate against tenants based on their medical marijuana needs. They must still abide by the South Dakota medical marijuana law that allows qualified patients to cultivate up to three plants in their homes or on the property of the designated caregiver.
Are There Regulations Regarding Security Measures For Home Cultivation Sites in South Dakota?Yes, there are regulations regarding security measures for home cultivation sites in South Dakota. Home cultivation sites must be; located in an enclosed, locked area, visible from the main living area of the residence, have adequate lighting and ventilation for all plants, and have a secure entry system that prevents unauthorized access. Additionally, the cultivation site must be secured with locks that are suitable for the security of the plants and the premises.
How Are Home Cultivators Required To Label And Store Their Harvested Marijuana in South Dakota?Home cultivators in South Dakota are required to store their harvested marijuana in a locked place that is inaccessible to minors and is not visible to the public. The marijuana must be labeled with the grower’s name, address, and date of harvest. It is also recommended that home cultivators keep records of their harvest for at least one year.
Do State Laws Allow For Outdoor Cultivation, And If So, What Are The Regulations in South Dakota?Yes, state laws in South Dakota allow for outdoor cultivation of cannabis for medical purposes. The regulations that govern outdoor cultivation of cannabis in South Dakota include the following:
1. A valid Medical Marijuana Registry card must be obtained from the Department of Health.
2. The location in which the cannabis is grown must be registered with the Department of Health.
3. Cultivation sites must be enclosed by a secure fence and limit access to only those with valid authorization from the Department of Health.
4. Cultivation sites must be at least 1,000 feet away from any school or day care center.
5. Cultivation sites must be clearly marked with a sign indicating that it is a medical marijuana cultivation site, and must include the name of the person authorized to cultivate the cannabis.
6. Cultivators must obtain liability insurance to cover any potential liabilities related to the cultivation or possession of cannabis.
7. Every batch of cannabis grown must be tested by an independent laboratory before it is sold to a dispensary.
8. All unused cannabis plants must be destroyed within 60 days of harvest.