PIERRE, S.D. — The number of South Dakota patients licensed to grow medical marijuana at home has exploded in recent years, the state Health Department told lawmakers Monday, prompting concern from regulators and questions from the Legislative Medical Marijuana Oversight Committee about whether tighter rules are needed.
Rapid growth in home cultivator licenses
The Health Department reported that home cultivator licenses rose from 61 in state fiscal year 2022 to 715 in fiscal year 2026 — a rise of 1,072%. Medical use of cannabis has been legal in South Dakota since 2021; recreational use remains prohibited.
The large increase was highlighted by Whitney Brunner, administrator of the state’s medical cannabis program, who briefed lawmakers during a meeting at the Capitol in Pierre.
“The lack of regulation in this area is a bit concerning for us,”
Brunner said the department is not ready to assume widespread abuse of home cultivation privileges but said the scale of growth has led officials to examine whether additional oversight is appropriate.
Current limits and application requirements
State law caps home cultivation at two flowering cannabis plants and two non‑flowering plants per licensed home grower. Patients may add a home cultivation endorsement to their medical marijuana card for $20.
Applicants must submit photographic documentation with their application, including a photo of the grow room, a photo of the door lock and a diagram showing the location of the grow. Brunner told the committee that many of those diagrams are hand‑drawn and lack sufficient detail for consistent oversight.
What lawmakers heard and next steps
Sen. John Carley, R‑Rapid City, told South Dakota Searchlight after the session that lawmakers appreciated receiving more detailed information and expect to revisit the issue at the committee’s next meeting.
“We were glad the department had more information,”
Brunner said the department has explored options but did not indicate whether any new regulatory moves would require legislation. She flagged both legal and safety implications if the state were to expand oversight or tighten standards for home cultivators.
Program growth beyond home cultivation
The rise in home cultivation comes amid broader expansion of the medical cannabis program. While the briefing focused on home grow permits, the department’s figures point to an overall uptick in program participation and administrative workload for state regulators.
- Home cultivator licenses: 61 (FY2022) → 715 (FY2026)
- Growth rate: 1,072%
- Plant limits: 2 flowering + 2 non‑flowering plants
- Application fee: $20
| Fiscal Year | Home Cultivator Licenses |
|---|---|
| 2022 | 61 |
| 2026 | 715 |
Committee members said they want more granular data about where home cultivation is occurring, whether patients are complying with plant limits, and whether the photographs and diagrams submitted with applications are sufficient for ensuring safety and adherence to the law.
Regulatory considerations and concerns
Brunner cautioned that moving to stricter regulation entails tradeoffs. Additional enforcement or verification measures could raise administrative costs and may require new statutory authority or funding. At the same time, the department is watching potential safety issues — such as electrical hazards or diversion of product — that could arise from unregulated or poorly documented home grows.
Lawmakers will continue to monitor the program and consider follow‑up at future meetings of the Medical Marijuana Oversight Committee. For now, the state’s official guidance remains the existing statutory limits and the application process administered by the Health Department.
Members of the public with concerns or questions about the medical cannabis program or the home cultivation endorsement can contact the South Dakota Department of Health for up‑to‑date information and application requirements.
