Text your customers within South Dakota’s cannabis advertising rules

South Dakota has a medical-only cannabis program

Retail licensing and advertising rules are enforced by the South Dakota Department of Health, Medical Cannabis Program. For billboards, social media and other channels, see our cannabis advertising rules beyond texting.

These South Dakota rules bear on texting customers

The channel rule applies unless and until the DEA removes marijuana from Schedule I. A federal rule effective April 28, 2026 moved state-licensed medical marijuana to Schedule III, but the state rule is unchanged and we have not confirmed with the department whether that ends the channel limits, so the safe course is to keep verifying recipients and offering an opt-out.

• Texts, calls, email and direct mail require verifying the recipient is a cardholder or establishment and offering a permanent opt-out (ARSD 44:90:10:14.01(3)).
• The channel restrictions in 44:90:10:14.01 are conditioned on marijuana remaining a federal Schedule I substance (ARSD 44:90:10:14.01).
• No targeting of a practitioner's or health care facility's patients by mail, phone, text or email (ARSD 44:90:10:14.01(6)).
• Ads must be targeted to establishments, cardholders 21 or older, and readers of medical publications (ARSD 44:90:10:15).
• Ads may not target anyone under 21, including through cartoons or toys (ARSD 44:90:10:15(2)(b)).
• Website, social media and app advertising needs an age-restricted cardholder check and a permanent opt-out (ARSD 44:90:10:16).
• Every ad must carry a medical use statement and the establishment ID number (ARSD 44:90:10:18).
• No curative, therapeutic or health benefit claims (ARSD 44:90:10:17(10)-(11)).
• An April 28, 2026 federal rule moved marijuana held under a state medical marijuana license, and FDA-approved marijuana drug products, to Schedule III (Federal Register 2026-08176, final rule (effective April 28, 2026)).

Start with consent, your store name and an opt-out line

• Text only people who opted in, and keep the record of when and how they did. Our guide to SMS opt-in and consent for dispensaries covers what to record.
• Put your store name first and an opt-out line on every text.
• Keep product details, prices and offers on an age-gated page rather than in the text, and check the wording against our list of banned words in cannabis texts.

Sticky SMS, by Sticky Cards, the loyalty and marketing platform for cannabis dispensaries, files your 10DLC registration with The Campaign Registry, with no charge for the number or the registration, and most stores are live in 1 to 2 days. How South Dakota’s rules apply to your program stays with you and your counsel.

Work with Sticky Cards in South Dakota

• Run a dispensary, CBD or vape shop in South Dakota? Book a demo to see Sticky SMS.
• Run a texting agency in South Dakota? Sticky Cards is looking for expert texting partner agencies in South Dakota. Email support@stickycards.co to talk about working together.