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Rapid City, SD Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Banned locations
Parks, pools, bike paths, streets, sidewalks
Also banned
Schools, transit, correctional facilities
Definition source
SDCL 22-42-1 and 34-20G-1 incorporated
Applies to
Medical cardholders too
Penalty
General penalty § 1.12.010
Enacted
Ord. 6501 (2021)

Summary

Rapid City Municipal Code § 8.32.060 makes it unlawful to smoke or carry lighted marijuana in public places, schools, correctional facilities, public transit, medical cannabis establishments, or on any city-owned park, pool, bike path, street or sidewalk. The definition of marijuana sweeps in every state-law meaning of cannabis, and violators face the citywide general penalty.

A. It is unlawful for any person to smoke or carry lighted marijuana indoors or outdoors at, on, or in the following: 1. A public place or place that is open to the public, including any place, whether in or out of a building, commonly and customarily open to or used by the general public; 2. An elementary or secondary school; 3. A city-owned park, playground, pool, bike path, recreational facility, street, highway, alley, or sidewalk, or other city-owned property; 4. A place where the smoking of tobacco products is prohibited pursuant to SDCL Chapter 34-46; 5. A medical cannabis establishment as defined in SDCL 34-20G-1; 6. A form of public transportation; or

7. A correctional facility. ... ... C. Any person violating this section shall be subject to the general penalty provision in § 1.12.010.

Full Breakdown

Adopted by Ord. 060A lists seven specific settings where lighting up marijuana, indoors or outdoors, is illegal: any public place or place open to the public; elementary and secondary schools; city-owned parks, playgrounds, pools, bike paths, recreational facilities, streets, highways, alleys, sidewalks or other city property; anywhere tobacco smoking is already banned under SDCL Chapter 34-46; any medical cannabis establishment as defined in SDCL 34-20G-1; any form of public transportation; and correctional facilities. Subsection B deliberately makes the definition of 'marijuana' as broad as state law allows, pulling in every definition of cannabis or marijuana found anywhere in state statute, including the criminal definition in SDCL 22-42-1, so the ban cannot be narrowed by arguing a product falls outside one particular statutory label.

The rule applies regardless of whether the person holds a South Dakota medical cannabis card; a cardholder can legally possess marijuana under state law and still be cited for smoking it in any of the seven listed locations in Rapid City.

Violations & Fines

Subsection C routes every violation to the citywide general penalty in § 1.12.010: a fine of $1 to $500, up to 30 days in jail, or both, with each day of a continuing violation treated as a separate offense.

Frequently Asked Questions

Can I smoke marijuana in a Rapid City park?
No. Section 8.32.060A.3 specifically bans smoking or carrying lighted marijuana on any city-owned park, playground, pool, bike path, recreational facility, street, highway, alley or sidewalk, whether or not you have a medical cannabis card.
Does having a medical cannabis card protect me?
No. The public-place smoking ban in § 8.32.060 applies regardless of medical cannabis status; a cardholder can lawfully possess marijuana under state law and still be cited for smoking it in any of the seven listed public locations.
What's the penalty for public marijuana use in Rapid City?
Subsection C sends every violation to the citywide general penalty in § 1.12.010: a fine of $1 to $500, up to 30 days in jail, or both, and each day the violation continues is treated as a separate offense.
Where exactly is public marijuana smoking banned?
Seven settings: any public place open to the public, schools, city parks and similar city property, anywhere tobacco smoking is already banned under SDCL Chapter 34-46, medical cannabis establishments, public transportation, and correctional facilities.

Sources & Official References

Other rules in Rapid City

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