SD Tobacco Law
South Dakota’s smoke-free law went into effect November 10, 2010.
The ban prohibits smoking in public buildings and places of employment, including restaurants, bars, and casinos/gaming establishments. The law requires business owners, managers, and operators of places where smoking is prohibited to inform violators of the ban.
In March 2019, legislation passed to include e-cigarettes or other vaping products in the definition of a tobacco product, making it subject to the same regulations as the smoking ban. It officially went into effect on July 1, 2019.
- private residences except when used for daycare
- sleeping rooms in hotels/motels as long as it is posted that smoking is allowed in the room
- licensed establishments that sell alcohol under certain conditions related to cigar smoking
- retail tobacco stores, under certain conditions
Preemption and Tobacco Control
South Dakota has preemptive legislation, meaning that local laws and ordinances stronger than state or federal law are not allowed. Preemption applies to policies related to the use, distribution, marketing, promotion, and sale of tobacco products. For example, local governments considering raising the minimum legal age for the sale of tobacco are prohibited by state law from doing so.
However, communities can voluntarily implement policies at schools, multi-unit housing properties, businesses, and healthcare facilities. Visit Model Policies for templates to begin developing a smoke- or tobacco-free policy.
For more, explore Public Health Law Center resources on how preemption impacts tobacco control.
South Dakota Tobacco Taxes
- State cigarette tax per pack of 20 cigarettes is $1.53; tax per pack of 25 is $1.92.
- Other tobacco products (smokeless tobacco, chewing tobacco, snuff, and cigars) are taxed at 35% of the wholesale price.
- There is currently no excise tax on e-cigarettes.
The minimum age for purchase, possession, and use of tobacco products is 21 years. The definition of tobacco product includes e-cigarettes.
Penalties for Sales to Minors
It is unlawful for a person to knowingly distribute a tobacco product to a person under the age of 21. It is also unlawful to purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of 21. Violation is a Class Two misdemeanor.
Advertising in South Dakota
There is no statewide legislation related to tobacco advertising.
- The tobacco industry spends an estimated annual $27.5 million marketing their products in South Dakota.ⓘ
- Retailers must have a Sales and Use Tax License to sell tobacco products registered with the South Dakota Department of Revenue.
- Retailers must buy tobacco products from distributors and wholesalers licensed by the State of South Dakota and are required to keep documentation showing tobacco products were purchased from a licensed distributor or wholesaler.
- There is no statewide legislation for vending machine licensing.
Report a Violation
Report smoke-free ban violations to local law enforcement through their non-emergency phone number.