Federal update: DOJ partially rescheduled medical cannabis to Schedule III (April 28, 2026 final order). State-licensed medical operators may apply for expedited DEA registration through June 27, 2026; DEA hearing on full rescheduling set for June 29, 2026.

SD Cannabis License Caps & Fees — SB 43 (2024) Raised to $9,000

SD does not impose hard statutory caps on the number of cultivator, manufacturer, dispensary, or testing-lab licenses, but the establishment-fee structure was raised dramatically by Senate Bill 43 (2024). Original IM 26 cap: $5,000. Through FY2024 (with inflation adjustments): $5,310. Effective July 1, 2024 (SB 43): $9,000 per year. SD Department of Health originally requested authority to set the cap as high as $28,000.

Last verified: May 2026

The Establishment Fee Structure

  • Annual establishment certification fee: $9,000 (since July 1, 2024).
  • $5,000 nonrefundable application fee for new applicants.
  • $250 license-modification fee.
  • All four license types (cultivation, manufacturing, testing, dispensary) pay the same flat establishment fee.

The SB 43 (2024) History

The original IM 26 statutory cap was $5,000 per year. By FY2024 with inflation adjustments, the fee was $5,310. SB 43 (2024), signed by Gov. Noem on March 14, 2024 and effective July 1, 2024, raised the cap to $9,000 — a roughly 70% increase. The bill responded to SDDOH’s contention that the original $5,000 cap was insufficient to fund program administration. SDDOH had originally requested authority to set the cap as high as $28,000.

Local-Government Fee Layer

Local-government fees vary widely. According to industry compilations:

  • Sioux Falls: $50,000 for local cannabis-business permit — among the highest in the U.S.
  • Watertown: $25,000 — the second-highest local fee in the state.
  • Most other municipalities: $2,500–$5,000 for local cannabis-business permits.

The Sioux Falls and Watertown local fees compound with the $9,000 state fee to produce total annual licensing costs at $34,000–$59,000 in those jurisdictions — substantially constraining new entry. The aggressive local-fee structure is one reason license counts have not grown as rapidly as some other state programs.

License-Type-Specific Considerations

Cultivators

Cultivator licenses authorize indoor and outdoor growing, with operations subject to facility-security and Metrc tracking requirements. ~24–35 cultivator licenses active. Genesis Farms, Native Nations Cannabis (FSST), Dakota Herb, Dakota Natural Solutions are among the principal cultivators.

Manufacturers

Manufacturer licenses authorize processing of cultivator output into edibles, tinctures, vape cartridges, concentrates, and other product forms. 17–19 manufacturer licenses active.

Dispensaries

Dispensary licenses authorize retail sale to registered patients. 70–81 active retail certificates; ~46 actively operating storefronts. Dispensary licensees may also hold cultivator and manufacturer licenses (vertical integration).

Testing Laboratories

Testing labs perform potency, pesticide, heavy-metal, microbial, and solvent-residue testing. 2–6 active labs (state lab plus private). Testing labs must be third-party — operators may not also hold a testing license.

The Capital-Entry Barrier

Total entry costs for a SD dispensary (state $9,000 + Sioux Falls $50,000 local + buildout costs + cash working capital + Metrc compliance + insurance) easily reach $200,000–$500,000+ before opening. The capital barrier favors larger operators with multiple-site economics; smaller independent operators face challenging unit economics in the high-fee jurisdictions.

Revenue Generated by License Fees

FY2024 establishment-fee revenue: ~$750,000. FY2025 projected: ~$1.2 million after the SB 43 fee increase. The license-fee revenue funds SDDOH program administration. Sales-tax receipts (4.5%) flow into general state revenue and are not separately reported.

The Future of License-Cap Reform

Legislative proposals in 2025–2026 have focused on potency caps and program repeal (Sen. Carley) rather than license-fee or license-cap reform. Industry advocacy from the Cannabis Industry Association of South Dakota (CIASD) has flagged license-fee burden as a concern, but no fee-reduction legislation has advanced.

Related on this site: First-Visit Dispensary Walkthrough, South Dakota Major Cannabis Operators, South Dakota Medical Cannabis Dispens....