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Cannabis & Marijuana Rental Rules in South Dakota 2026

Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in South Dakota.

Medical Only Effective 2020
3 oz Adult-use possession limit
3 plants Home cultivation
No Medical patient housing protection
Federal baseline (uniform in South Dakota): Cannabis remains a Schedule I controlled substance under 21 U.S.C. § 812(c) Schedule I(c)(10) regardless of South Dakota's legalization status. HUD PIH Notice 2014-21 (re-issued PIH 2017-13) requires Public Housing Authorities to deny admission to public housing or HCV (Section 8) for any household member illegally using a controlled substance, including cannabis. Landlords may prohibit smoking of any substance as a private property interest in any state.

South Dakota gives landlords broad control over cannabis in rental housing, but that control sits inside a specific statutory frame. The state runs a medical cannabis program under SDCL Chapter 34-20G (in effect since 2021), while recreational marijuana remains illegal, the 2020 adult-use measure was struck down in court. For a landlord, the practical questions are three: can you keep cannabis off your property, can a registered patient claim any protection, and what changes when the building takes federal money. All three have clear answers here.

The short version: you can prohibit smoking, vaping, and cultivation on your property; a medical cardholder gets a narrow protection against being denied a lease solely for their card; and any unit tied to Section 8 or public housing follows federal law, which treats all marijuana as illegal. Put your policy in writing and it will hold up.

South Dakota Cannabis Legal Status

South Dakota is classified as Medical Cannabis Only (effective 2020). The governing statute is S.D. Codified Laws § 34-20G (Measure 26, 2020).

Landlord Authority in South Dakota

Landlords retain ban authority.

Home cultivation only for licensed medical patients (3 plants). Landlord may ban any use.

Cannabis status in South Dakota: medical yes, recreational no

South Dakota voters approved a medical program in 2020, codified as SDCL Chapter 34-20G and administered by the South Dakota Department of Health. Registered patients hold a state card and may possess a limited supply. Adult-use recreational marijuana, by contrast, is not legal: the 2020 recreational measure was invalidated by the courts, and possession outside the medical program remains a criminal matter.

That distinction drives everything on the landlord side. When a tenant claims a right to use cannabis, the only version the state recognizes is registered medical use. Any recreational use on your property is simply illegal drug activity, which you can address like any other unlawful conduct under your lease and under South Dakota landlord-tenant law.

Your authority to ban smoking and cultivation

The governing provision is SDCL 34-20G-27. It states plainly that nothing in the medical cannabis chapter requires a landlord to allow smoking or vaping of cannabis on or in the rental property, and nothing requires a landlord to allow the cultivation of cannabis on the rental property. In other words, even a registered patient has no statutory right to smoke, vape, or grow inside your unit if your lease says otherwise.

This is the strongest tool you have. A landlord may adopt a smoke-free policy that includes cannabis, and may prohibit cultivation entirely, without running afoul of the medical program. Home cultivation exists in the statute only for narrow patient situations, and 34-20G-27 confirms that even where a patient could otherwise grow, the landlord can still say no on the property. Make the ban explicit rather than relying on a general 'no illegal activity' clause, since medical use is lawful under state law.

Cardholder lease protection and its limits

South Dakota does give registered patients a limited shield. Under SDCL 34-20G-25 and 34-20G-26, a cardholder may not be denied a lease solely because of cardholder status, and no landlord may be penalized or denied any benefit under state law for leasing to a cardholder. So you cannot reject an applicant for the sole reason that they carry a medical card, and you are protected under state law if you do rent to one.

The protection is narrow in two ways. First, it covers status, not conduct, it does not force you to permit smoking, vaping, or growing, all of which 34-20G-27 lets you ban. Second, it contains an express carve-out: the anti-discrimination rule yields when compliance would violate federal law or cause the landlord to lose a monetary or licensing-related benefit under federal law. That carve-out is what makes federally assisted housing a separate case.

Section 8 and public housing: federal law controls

If your unit is public housing or a Section 8 (Housing Choice Voucher) tenancy, federal law overrides the state card. Marijuana is still a federally controlled substance, and under the Quality Housing and Work Responsibility Act of 1998 and HUD guidance, housing authorities and owners must deny admission to a household with a member who illegally uses a controlled substance, a rule HUD applies to medical marijuana users with no reasonable-accommodation exception.

For sitting tenants, HUD rules allow (and for public housing require lease terms permitting) termination of tenancy for illegal controlled-substance activity on the premises. This is exactly the situation South Dakota's 34-20G-25/26 carve-out anticipates: you are not violating state anti-discrimination law when you enforce a federal admission or eviction rule that would otherwise cost you a federal benefit. Document that your decision rests on the federal program requirement, not on the tenant's card as such.

Drafting the lease clause

Because medical use is lawful in South Dakota, a bare 'no illegal drugs' clause is not enough, a card can defeat it. Spell out the physical conduct you are restricting. A workable clause: no smoking or vaping of any substance, including cannabis, anywhere on the premises; no cultivation of cannabis on the property; and, for federally assisted units, an acknowledgment that the tenancy is subject to federal law prohibiting controlled-substance use.

Anchor the smoking and cultivation restrictions to SDCL 34-20G-27, which authorizes them. Keep the status protection under 34-20G-25/26 in mind: screen and enforce on conduct and lease terms, not on whether an applicant holds a medical card. For non-subsidized market-rate units you have wide latitude; for Section 8 and public housing, follow the federal admission and termination requirements that your program already imposes.

Medical Patient Housing Rules in South Dakota

South Dakota does not have statewide medical patient housing protection.

Medical cannabis patients in South Dakota may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.

Section 8 / HCV in South Dakota, The Federal Trap

HUD PIH 2014-21 mandatory denial applies in South Dakota. Even though South Dakota has legalized medical cannabis, a Public Housing Authority in South Dakota must deny admission to any household where a member illegally uses a controlled substance, and cannabis remains federal-illegal. Existing Section 8 tenants who use cannabis may face termination at PHA discretion, though termination is not mandatory like denial is.

The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in South Dakota, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.

Cannabis Rental Compliance in Major South Dakota Cities

City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest South Dakota rental markets:

Sioux Falls Rapid City Aberdeen Brookings Watertown Mitchell

Sources & Methodology

Related Guides for South Dakota Landlords

← South Dakota Eviction Risk Overview Lawful Eviction Reasons Section 8 / HCV Landlord Guide Landlord Insurance & Hazards Fair Housing Protected Classes Tenant Rights Summary

This page reflects South Dakota's medical cannabis statute at SDCL Chapter 34-20G, with landlord authority to bar smoking, vaping, and cultivation drawn from SDCL 34-20G-27 and cardholder lease protection from SDCL 34-20G-25 and 34-20G-26, administered by the South Dakota Department of Health. Federally assisted housing rules reflect the federal Controlled Substances Act, the Quality Housing and Work Responsibility Act of 1998, and HUD guidance on marijuana in assisted housing. Statutes and program rules change; confirm current text on the South Dakota Legislature site and verify any federally assisted unit's requirements with the administering housing authority before acting. This is general information for landlords, not legal advice for a specific tenancy.

Frequently Asked Questions

Can a South Dakota landlord ban marijuana smoking in a rental?

Yes. SDCL 34-20G-27 states that nothing in the medical cannabis chapter requires a landlord to allow smoking or vaping of cannabis on the property. A written smoke-free policy that includes cannabis is enforceable even against a registered medical cardholder.

Can I prohibit a tenant from growing cannabis in my rental?

Yes. SDCL 34-20G-27 also provides that nothing requires a landlord to allow cultivation of cannabis on rental property. Even where a patient might otherwise be permitted to grow, you can bar cultivation on your property by lease.

Can I refuse to rent to someone because they hold a medical marijuana card?

No, not solely for that reason. Under SDCL 34-20G-25 and 34-20G-26, a cardholder may not be denied a lease solely because of cardholder status, and no landlord may be penalized under state law for leasing to a cardholder. You can still restrict smoking, vaping, and cultivation through the lease.

Does the cardholder protection apply to Section 8 or public housing?

No. The state protection expressly yields where compliance would violate federal law or cost the landlord a federal benefit. In federally assisted housing, HUD rules under the 1998 Quality Housing and Work Responsibility Act bar admission of marijuana users and allow termination for controlled-substance activity, with no exception for medical use.

Is recreational marijuana legal for tenants in South Dakota?

No. Recreational (adult-use) marijuana is illegal in South Dakota; the 2020 adult-use measure was struck down. Only registered medical use under SDCL 34-20G is recognized, so recreational use on your property is unlawful drug activity you can address under your lease.

Is a generic 'no illegal drugs' clause enough to keep cannabis out?

Not reliably. Because medical use is lawful under state law, a bare illegal-drug clause can be defeated by a cardholder. Spell out the specific bans on smoking, vaping, and cultivation, which SDCL 34-20G-27 authorizes, and add a federal-law acknowledgment for any Section 8 or public housing unit.

Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: S.D. Codified Laws § 34-20G (Measure 26, 2020). Last updated October 24, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed South Dakota attorney before making a lease, screening, or eviction decision involving cannabis.