Can You Smoke Weed in Public in South Dakota?

Can You Smoke Weed in South Dakota?

Yes. South Dakota’s medical marijuana law does not prohibit smoking or vaping medical cannabis. However, recreational marijuana is currently illegal in the state. Therefore, it is illegal to consume adult-use cannabis in the state, whether by smoking or otherwise.

Can You Smoke Weed in Public in South Dakota?

While the state’s medical cannabis law does not specifically mention smoking weed in public, its smoke-free law clearly prohibits smoking in public. While this 2010 law was made to regulate smoking tobacco products, it very likely applies to smoking cannabis too. Some South Dakota municipalities expressly bans smoking cannabis in public. For example, in the City of Spearfish, it is unlawful to smoke cannabis in public places such as parks, sidewalks, streets, sports complexes, publicly owned property, and any location that is open to the public as well as places of business, parking lots, elevator, lobby, halls, and corridors.

Can You Smoke Weed in a Vehicle in South Dakota?

In South Dakota, it is unlawful to drive a vehicle after consuming cannabis. Therefore, motorists cannot smoke while driving. It is also inadvisable to smoke cannabis in a stationary vehicle. Doing this may be regarded as smoking in public or drugged driving if the motorist resumes driving after consuming cannabis.

Who Can Smoke Marijuana in South Dakota?

South Dakota places an age restriction on smoking medical marijuana. The state requires anyone smoking cannabis to be 21 years or older. This means that minors registered in the South Dakota medical cannabis program cannot consume marijuana by smoking or vaping.

Where Can You Legally Smoke Weed in South Dakota?

You can legally smoke weed in most places where cigarette smoking is allowed in South Dakota. These include private residences except homes used as daycare as well as the sleeping rooms of hotels and motels. However, a landlord or the management of a hospitality business has the right to prohibit smoking weed on their property in South Dakota.