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Sioux Falls, SD Public Conduct: Public Marijuana Use (2026)

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

Key Facts

Fine
Up to $500
Jail
Up to 30 days
Covers
Parks, streets, sidewalks, public property
Applies to
Everyone, including cardholders
Adopted
Ord. 105-21 (2021), amended 2022

Summary

Sioux Falls bans consuming or smoking cannabis in any public place, parks, sidewalks, streets, and publicly accessible property, under City Code § 121.004(b), enforced through the general penalty of up to a $500 fine and 30 days in jail.

No person shall consume or smoke cannabis in any public place, including, but not limited to, parks, sidewalks, streets, highways, alleys, rights-of-way, sports complexes, publicly owned property whether in or out of a building, commonly and customarily open to or used by the general public, or in any place that is open to the public. A violation of this division shall be punished under the general penalty provisions of this Code.

(c)   No cannabis odor shall exist at or beyond the property line of the medical cannabis dispensary or at or near places where people live or work.

(d)   No cannabis dispensary or testing facility shall display a marijuana leaf, the word marijuana, or depictions of a person holding or smoking cannabis in any location visible outside the dispensary or testing facility.

(e)   Nothing in this chapter requires an employer to allow ingestion possession, transfer, display, or transportation of cannabis in the workplace or to allow an employee to work while the employee is under the influence of cannabis.

(f)   Nothing in this chapter requires a person or establishment to allow a guest, client, customer, or other visitor to smoke or use cannabis on or in that property.

(g)   Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or disciplining an employee for working while under the influence of cannabis. (Ord. 105-21, passed 9-7-2021; Ord. 68-22, passed 6-14-2022)

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-135: Current through local ordinance 54-26, passed 7-14-2026).

Full Breakdown

City code makes it unlawful to consume or smoke cannabis in any public place within Sioux Falls, listing parks, sidewalks, streets, highways, alleys, rights-of-way, sports complexes, and any publicly owned or publicly accessible property. The ban sits inside the chapter that also regulates the city's licensed medical cannabis dispensaries, and it applies regardless of whether the person holds a South Dakota medical cannabis card. Violations are punished under the Code's general penalty section rather than a chapter-specific fine schedule.

Violations & Fines

Fined up to $500, jailed up to 30 days, or both under the general penalty provision; each day of continued public use counts as a separate offense.

Frequently Asked Questions

Is it legal to smoke marijuana in public in Sioux Falls?
No. City Code § 121.004(b) bans consuming or smoking cannabis in any public place, including parks, streets, sidewalks, and other publicly accessible areas.
What's the penalty for public marijuana use in Sioux Falls?
Violators face the general penalty: a fine up to $500, up to 30 days in jail, or both, with each continuing day a separate offense.
Does a South Dakota medical cannabis card allow public use?
No. Cardholders may possess and use cannabis, but § 121.004(b) still bars smoking or consuming it in any public place in the city.

Sources & Official References

Other rules in Sioux Falls

All Sioux Falls rules

Compare Sioux Falls to another location·View the South Dakota public conduct overview

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