SD Visiting Patient Program — Out-of-State Reciprocity for Cardholders

Last verified: May 2026

How the Visiting-Patient Program Works

Under SDDOH rules, out-of-state cardholders may apply for an SD visiting-patient registration before traveling to the state. The application requires:

• Valid out-of-state medical-cannabis card from any U.S. state with a state-regulated medical-cannabis program.
• Government photo ID matching the medical-cannabis card.
• Documentation of the qualifying condition.
• $75 application fee (same as SD-resident registration).

Approved visiting patients receive temporary SD medical-cannabis status and may purchase from SD-licensed dispensaries.

Highway Patrol Guidance

SD Highway Patrol guidance confirms that nonresident MMJ cardholders carrying up to 3 oz of unaltered marijuana along with their valid out-of-state card and qualifying-condition documentation will not be arrested. The guidance is meant to provide safe-harbor for legitimate medical-cannabis tourists transiting SD or attending SD events (Sturgis Rally, Mount Rushmore tourism, etc.).

The Limit Without Registration

Without prior visiting-patient registration, nonresident cards do not authorize purchases at SD-licensed dispensaries. The visiting-patient program is the only pathway by which an out-of-state cardholder can lawfully purchase SD-licensed medical cannabis. The constraint distinguishes SD from neighboring Montana’s broader reciprocity policy, which permits some MT-licensed dispensary purchases by holders of cards from other states without prior MT registration.

What Cannabis Visiting Patients Can Do

• Purchase medical cannabis from any SD-licensed dispensary, subject to the standard 3 oz / 14-day rolling window.
• Possess up to 3 oz of cannabis with valid documentation.
• Be protected under SDCL § 34-20G-24 from impairment-presumption based on metabolite presence alone.
• Continue in the visiting-patient program for the duration of the registration period.

What Visiting Patients Cannot Do

• Cannot transport cannabis across state lines. Bringing cannabis into SD or out of SD is a federal felony under 21 U.S.C. § 841 plus state criminal exposure.
• Cannot operate vehicles above the 5 ng/mL THC per se DUI threshold. The cardholder carveout in § 34-20G-24 protects against impairment-presumption from metabolite presence alone but does not displace the 5 ng/mL threshold.
• Cannot consume cannabis in motor vehicles, on federal property, in workplaces, or in correctional facilities or schools.
• Cannot purchase from tribal-program dispensaries. The Flandreau Santee Sioux Native Nations Cannabis dispensary and the Pine Ridge tribal dispensaries operate under tribal law; their sales rules differ from the state program.

The Cross-Border Travel Trap

The most consequential consideration for visiting patients: cannabis purchased at SD-licensed dispensaries cannot lawfully be transported back to the patient’s home state across the SD line. The federal interstate-transport prohibition under 21 U.S.C. § 841 applies regardless of whether both states have legal cannabis programs. Visiting patients should plan their consumption to occur within SD before returning home.

The Visiting Patient vs. Resident-Registration Comparison

• Resident registration: Annual $75 fee; valid 1 year; renewable; access to SD dispensaries; in-person practitioner certification required.
• Visiting-patient registration: Temporary; tied to existing out-of-state card; $75 fee; access to SD dispensaries during the registration period; out-of-state practitioner certification suffices.

For SD residents who maintain medical-cannabis cards in both SD and a neighboring state (e.g., a SD resident with a Minnesota card), only one card is operative for SD purchases. Out-of-state cardholders moving to SD must transition to SD-resident registration; the visiting-patient program is for non-residents.

Practical Notes

• Apply for visiting-patient status before traveling. The program is forward-looking; you cannot retroactively legitimize a purchase.
• Bring complete documentation. Valid card, government photo ID, qualifying-condition documentation, registration confirmation.
• Plan to consume in SD only. Cross-border transport is a federal felony.
• Watch the 5 ng/mL DUI threshold. Cardholder status protects against metabolite-presumption but not the per se threshold.

Related on this site: Becoming a South Dakota Medical Canna..., SD Medical Cannabis Dose & Supply, Initiated Measure 26 (2020).