Is CBD Oil Legal In South Dakota


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The 2018 Farm Bill legalized hemp nationally, but every state was given the right to create their own laws surrounding hemp and CBD. South Dakota was one of the few states that held out, and they are just recently working out a USDA hemp plan in the state. What does that mean for consumers? Is CBD legal in South Dakota The laws surrounding cannabis and CBD in South Dakota are somewhat confusing. We aim to bring some clarity in this detailed guide. Learn about the current state of cannabis legislation in South Dakota as well as the impact of medical and recreational marijuana legalization on the state’s economy and crime rate. Find out more about the different types of cannabis licenses in South Dakota

Is CBD Legal in South Dakota?

The 2018 Farm Bill legalized hemp nationally, but every state was given the right to create their own laws surrounding hemp and CBD. South Dakota was one of the few states that held out, and they are just recently working out a USDA hemp plan in the state.

What does that mean for consumers? Is CBD legal in South Dakota?

Technically, yes, the new legal definition of hemp legalized CBD in South Dakota. However, there are restrictions on the types of CBD products that can be made, sold, and used in the state.

Before you buy local CBD, you may want to take a look at South Dakota CBD laws:

Looking for premium CBD you can buy in South Dakota? Check out our Vitality Collection.

Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.

Key Takeaways

South Dakota was one of the last states to pass hemp legislature updates, and CBD was illegal as late as 2020. Now, CBD is legal in the state, but some types of CBD are restricted.

The state has very few regulations in place and there is no age limit for buying CBD. You do not need a prescription to access CBD in South Dakota.

Most state regulations have to do with THC content, but they do not necessarily ensure consumer safety. Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to South Dakota to buyers aged 18 and up.

Legal Concerns About CBD

It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.

But there’s a catch, and it complicates things:

Legal CBD products must come from industrial hemp.

This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.

The final product must contain less than 0.3% THC, too.

That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.

Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.

Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.

What are the CBD laws in South Dakota?

South Dakota held out on hemp legalization for some time, even after the 2018 Farm Bill was passed into law. Governor Kristi Noem vetoed several attempts to pass HB 1191, a bill that would have legalized industrial hemp in the state.

As late as March of 2019, the state’s Attorney General released a statement declaring that all hemp CBD, except for the prescription medication Epidiolex, were classified as marijuana by the state, and were therefore illegal.

In late March, however, Governor Noem finally ended the multi-year standoff and signed HB 1008 to officially legalize hemp production in the state. Under the new bill, hemp is defined as cannabis with less than 0.3% THC, which aligns the state with the federal definition.

The bill allowed the state’s Department of Agriculture to devise and submit a hemp agriculture plan to the USDA. In October of 2020, the USDA approved South Dakota’s hemp plan, enabling farmers to finally apply for a hemp growing license in 2021.

Under HB 1008, hemp and all of it’s derivatives and extracts are legal within the state. Therefore, by definition, CBD products derived from hemp with less than 0.3% THC are legal in South Dakota.

However, the bill does prohibit the sale of products intended for smoking, like hemp flower or vaporizers. Similar laws can be found in other states, like Georgia, Texas, Iowa, and Arkansas.

Is full spectrum CBD legal in South Dakota?

It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.

South Dakota specifies that hemp material is legal so long as it contains less than 0.3% THC, so full spectrum CBD products are legal in the state.

Does South Dakota have a CBD possession limit?

South Dakota’s CBD laws are still in the works, but there are no defined possession limits to date. Products that contain more than 0.3% THC are considered cannabis products, which were legalized in South Dakota in late 2020, but the new laws don’t take effect until July of 2021. Legal cannabis products are generally subject to stricter possession limits.

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Do you need a prescription for CBD in South Dakota?

There is no need for a prescription to access CBD products in South Dakota. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.

CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.

Where to buy CBD in South Dakota?

South Dakota has legalized hemp production and CBD, but it’s unclear how these new laws will shape out in the future. For now, you may be able to find CBD in many of the stores local to you.

Keep in mind that the CBD market is mostly unregulated across the country, and South Dakota is no exception. The state imposes some regulations, but they generally only exist to ensure that the THC content meets approved levels. Quality assurance regulations may be scarce.

Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.

Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.

Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.

For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.

Do you have to be 21 to buy CBD in South Dakota?

In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.

CBD age limits are mostly undefined, even by federal law. South Dakota does not impose any age restrictions for buying CBD products, but there may still be limitations.

Generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.

Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to South Dakota.

Is CBD legal in all 50 states?

Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in South Dakota, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.

Ready to shop for CBD? Our CBD Tinctures, Gummies, or delicious Fruit Chews are a great place to start.

CBD Oil in South Dakota [In-Depth Guide]

President Trump signed the Hemp Farming Act into law in December 2018. It permitted the growth of industrial hemp in the U.S. Each state had to submit its program to the United States Department of Agriculture for approval. Today, the cultivation of industrial hemp is legal in every state once you have the right licensing. What the Farm Bill did not do was federally legalize CBD.

As a result, each state is in charge of its CBD laws. It is a similar story with marijuana, a federally illegal substance. A growing number of states are creating MMJ programs, while others permit recreational use. Up until recently, South Dakota didn’t have a medical marijuana program. However, the November 2020 elections changed everything. Find out how in our guide to CBD and marijuana laws in South Dakota.

Is CBD Legal in South Dakota?

South Dakota residents remain unsure about the legality of CBD in their state. In 2017, the state added CBD to its list of substances tightly monitored by the government. Lawmakers believed that CBD could cause addiction and was a substance with a high risk of abuse.

However, they exempted cannabidiol as a ‘drug product approved by the FDA’ in its definition. In essence, South Dakota permitted the use of Epidiolex. However, Senate Bill 22 reversed this decision and placed Epidiolex on Schedule IV of its controlled substances list.

There is an acknowledgment that patients with epilepsy can use cannabidiol if a doctor prescribes it.

In March 2019, the state’s Attorney General (AG), Jason Ravnsborg, issued a statement. He said that current South Dakota law made industrial hemp and all forms of CBD illegal. Epidiolex was the exception, yet even that drug was on the list of controlled substances.

There is also an acknowledgment that patients with epilepsy can use cannabidiol if a doctor prescribes it. Incidentally, a Schedule IV drug has a low potential for abuse. However, companies can only sell it freely if the FDA approves the drug.

It is Still a Gray Area

One would have expected Ravnsborg’s statement to clarify matters, but it did not. His chief of staff later said the statement is based on the definition of cannabis as a controlled substance. The AG believed that CBD oil is a product of the marijuana plant, the genus cannabis.

However, according to some South Dakota attorneys, these legislative changes resulted in a gap in SD’s controlled substance laws. They believe the gap means CBD oil product legality is open to interpretation.

The recent legalization of medical marijuana has not changed things. MMJ officially became legal on July 1, 2021. However, it hasn’t changed CBD laws in South Dakota a great deal. All it does is ensure that medical marijuana cardholders can purchase CBD derived from hemp or marijuana. Yet legal sales have yet to begin.

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Mark Vargo is the attorney for Pennington County State. He admitted that he doesn’t prosecute CBD oil cases. Vargo suggests that South Dakota law doesn’t criminalize CBD as it is currently written. This is as long as the product contains cannabidiol and doesn’t come from marijuana.

Clearing up the confusion. …

At present, most South Dakotan lawyers look at each CBD oil charge on a case-by-case basis. They recommend that state residents approach the cannabinoid with caution.

Broadly speaking, you can find CBD oil in South Dakota with numerous physical stores to choose from. Dozens of online brands also send CBD packages to the state. However, please note that several major online sellers, such as PureKana, still do not ship to South Dakota.

Ultimately, there remains an element of risk when buying CBD oil in the state.

Is Hemp Legal in South Dakota?

The answer is ‘yes,’ but it is a recent development. Governor Noem is notoriously anti-hemp. However, in late 2019, she indicated that she was ready to soften her position. On March 27, 2020, she signed House Bill 1008 into law. After a one-year-long standoff, South Dakota finally legalized industrial hemp, and the bill went into effect immediately.

In August 2020, the South Dakota Department of Agriculture submitted its industrial hemp plan to the USDA. The USDA approved this plan in October 2020. As a result, farmers started growing hemp in 2021. Applicants must pay a non-refundable $50 fee, a $500 license fee and undergo a background check. A grower license is valid for 15 months from the issue date.

What Does This Mean for the CBD Industry?

This law should significantly impact CBD oil’s legality in South Dakota. HB 1008 allows people to transport hemp through the state if they have a permit. It also states that anyone who travels with hemp automatically consents to searches to ensure they do not carry cannabis.

The new hemp growing law enables licensed processors to make industrial hemp products.

Interestingly, the new hemp growing law enables licensed processors to make industrial hemp products. These are defined as a finished consumer or manufactured product containing CBD packaged for individual sale. Such products must not contain more than 0.3% THC.

This rule suggests that CBD IS legal in South Dakota as long as it comes from hemp and has a maximum of 0.3% THC. However, HB 1008 doesn’t indicate whether ‘hemp processing’ specifically includes CBD oil products.

Please note that the law also prohibits the sale of hemp for inhaling or smoking. Therefore, you can get CBD oil, edibles, and topicals. However, you cannot smoke hemp flower or vaporize hemp juice.

Where to Buy CBD Oil in South Dakota?

Despite the uncertainty, CBD oil sellers are operating in South Dakota. Here are five that have excellent customer reviews.

Name of Store

3 rd Eye Vape & Glass

3109 W 41st St #6, Sioux Falls, SD 57105, United States

Thrifty Smoke Shop

1101 W Omaha St #3, Rapid City, SD 57701, United States

1612 W 41st St Suite A, Sioux Falls, SD 57105, United States

Black Hills Vapor Downtown

509 7 th St, Rapid City, SD 57701, United States

Eastwold Smoke Shop

201 E 11th St, Sioux Falls, SD 57104, United States

It is a little trickier to find reputable online CBD sellers that ship to South Dakota. However, here are five that seem to send their products to The Mount Rushmore State:

Be sure to check each brand’s terms and conditions or FAQ section for clarity on the shipping process. South Dakota residents may prefer to try an online brand rather than risk being seen going into a physical store.

Is Marijuana Legal in South Dakota?

The answer is ‘yes,’ for medical use, but residents must wait. South Dakota residents voted in favor of medical and recreational cannabis programs on November 3, 2020. Almost 70% of voters said ‘yes’ to Measure 26, the initiative to legalize MMJ in South Dakota.

Constitutional Amendment A, regarding recreational cannabis, was much closer. However, 54.2% voted for it to pass, thus legalizing adult-use cannabis in the state.

Unfortunately for marijuana advocates in the state, Amendment A was struck down as unconstitutional in February 2021. The challenge said that the recreational law violated Amendment Z, also known as the ‘Single-Subject Rule.’ Although there was an appeal, the South Dakota Supreme Court upheld the decision on November 24, 2021.

Currently, recreational marijuana remains illegal in the state. Medical cannabis is permitted but the process of starting sales is slow.

Recreational marijuana campaigners intend to bring another ballot measure to voters in 2022. South Dakota lawmakers also advanced a proposal to legalize adult-use marijuana in October 2021. In February 2022, a bill to legalize recreational marijuana was approved by a Senate committee. However, it has additional obstacles to overcome.

Medical marijuana officially became legal in South Dakota on July 1, 2021. However, wide-scale legal sales won’t begin until later in 2022 at the very earliest due to bureaucratic and legislative roadblocks. Very few people have been approved for an MMJ card in South Dakota at present, and it will be some time before the program becomes well established.

As a result, the state’s strict marijuana laws remain in place for now.

Marijuana Penalties in South Dakota

Once legal sales begin, MMJ cardholders can buy and possess up to three ounces of marijuana. However, at present, there are obstacles. One, the Flandreau Santee Sioux Tribe dispensary is the only MMJ seller in the state. Two, very few people have been approved for a medical marijuana card in South Dakota. Three, police are arresting people who buy MMJ at the Flandreau dispensary!

Therefore, marijuana users in South Dakota face strict penalties since the substance is not decriminalized. Possessing up to two ounces is a misdemeanor with a possible 12-month jail term if convicted. You’ll be charged with a felony if caught with more than two ounces of marijuana on your person.

The unlawful sale of any amount is a misdemeanor with a mandatory minimum prison term of 15 days, and you could spend up to a year behind bars. The sale of more than half an ounce is a felony that carries a penalty of up to two years imprisonment.

Cultivation is also illegal. The punishment depends on the aggregate weight of the plants and is the same as possession penalties. If your plants have more than a pound of usable marijuana, for example, you face up to 10 years in jail!

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Final Thoughts on CBD in South Dakota

After many years of effort, campaigners have finally managed to achieve their medical marijuana legalization goal in South Dakota. What’s surprising is that the state’s voters also voted for recreational cannabis. Alas, the state has since struck down the adult-use law, and the MMJ program has yet to begin in earnest.

Even the CBD rules remain shrouded in mystery. A statement from the Attorney General in 2019 suggested that the cannabinoid remained illegal in the state.

However, after a protracted battle, the state’s governor finally signed a law that brought an industrial hemp program to SD. The USDA approved it, which is good news for the state’s CBD sellers. The new bill also suggests that CBD is now legal in South Dakota in certain forms. Yet, it is arguably better to remain cautious until there is official confirmation.

Therefore, we must state that you buy CBD in South Dakota at your own risk. It is one of the few places where state laws surrounding cannabidiol are stricter than their federal equivalent.

Is CBD Oil Legal in South Dakota?

CBD (cannabidiol) is an active chemical compound found in cannabis and hemp plants. Cannabis and hemp also contain another active ingredient called Tetrahydrocannabinol (THC). Marijuana has higher levels of THC and lower levels of CBD, while hemp is more abundant in CBD than THC.

CBD is thought to have some medical uses in managing conditions like Parkinson’s disease, depression, anxiety, heart conditions, acne, dystonia, anorexia, chronic pain, Crohn’s disease, and seizure. CBD is mostly sold in oil form. It is also available as vaporizers, creams, lotions, tinctures, and edibles.

The United States Farm Bill (Agriculture Improvement Act of 2018) legalized the production of industrial hemp with THC content not exceeding 0.3%. Therefore, hemp-derived cannabidiol that meets this requirement is federally legal. Similarly, CBD sourced from hemp containing less than 0.3% of THC is legal in South Dakota in compliance with the Farm Bill.

Is CBD Oil Legal in South Dakota?

Yes. The provisions of House Bill 1008 make it legal to sell, buy and carry hemp-sourced CBD oil and other hemp-derived CBD products containing less than 0.3% of THC in South Dakota. CBD oil sourced from cannabis is illegal in South Dakota. Section 2 of House Bill 1008 stipulates that anyone caught carrying or distributing cannabis-derived cannabidiol products risks legal repercussions.

What are South Dakota CBD Laws in 2022?

Governor Kristi Noem approved House Bill 1008 on March 27, 2020, legalizing the cultivation, manufacture, and distribution of industrial hemp containing less than 0.3% of THC in South Dakota. The bill requires the South Dakota Department of Agriculture & Natural Resources (DANR) to regulate the cultivation and manufacture of industrial hemp and license growers and processors. South Dakota residents can buy, sell, and carry hemp legally without licenses. Also, state employees do not require hemp licenses when performing official responsibilities that involve the processing or testing of hemp plants.

What are South Dakota CBD Possession Limits?

House Bill 1008 does not stipulate CBD possession limits or impose age restrictions for persons who can possess CBD products in South Dakota. However, most dispensaries in the state only sell CBD products to individuals who are 18 years and older.

Can Doctors Prescribe CBD Oil in South Dakota?

Yes. The provisions of Title 34, Section 34.20G.5 of the South Dakota Codified Laws allow doctors to recommend cannabis-derived CBD oil and other cannabidiol products to patients. They do not require special certificates to recommend CBD. The qualifying medical conditions for marijuana-derived CBD oil recommendations in South Dakota include Crohn’s disease, glaucoma, multiple sclerosis, severe wasting, HIV, and AIDS. Others are Amyotrophic Lateral Sclerosis (ALS), Post-Traumatic Stress Disorder (PTSD), epilepsy, seizures, and cancer.

What are the Licensing Requirements for CBD in South Dakota?

Per the provisions of House Bill 1008, South Dakota residents do not require licenses to sell or buy hemp-derived CBD. However, the bill requires hemp growers and processors to obtain licenses from the South Dakota Department of Agriculture & Natural Resources (DANR). According to the South Dakota Industrial Hemp Plan, applications for grower and processor licenses are made with the DANR. Applicants must submit their personal information (names, addresses, telephone numbers, and email addresses) and proposed business location (including the geospatial coordinates) to the Department. They must also provide documents confirming that the proposed facility locations are not within Indian tribe territories.

Applicants must consent to criminal background checks by the Federal Bureau of Investigation (FBI) and the South Dakota Division of Criminal Investigation (DCI). All key participants (sole proprietors, partners, and executive managers) and land-owners of the business’s property must also comply with the criminal background check requirements. An applicant must provide a certificate of good standing from the South Dakota Secretary of State, Federal Employer Identification Number (FEIN), and local government approval. In addition, they must pay their license application fees to the DANR and enclose the checks in their applications.

Applicants must complete the sections of the Industrial Hemp License Application Form that apply to their licenses of interest, attach the required documents, and mail to:

Department of Agriculture and Natural Resources

Joe Foss Building

523 E Capitol Avenue

Pierre, SD 57501

For further inquiries on hemp business license applications, interested persons can call the South Dakota Industrial Hemp Program Manager at 1 (605) 4432-773

The provisions of House Bill 1008 require the DANR to establish rules for labeling hemp-derived CBD products. However, as of October 2021, the Department has not provided the hemp product labeling rules. Generally, edible hemp products must specify the content levels of CBD in each product serving and the product batch number. Also, hemp product labels must contain statements informing users to consult with medical professionals before using the products.

Where to Buy CBD in South Dakota?

In South Dakota, CBD oil and other CBD products are available in vape stores, wellness centers, dispensaries, and grocery stores. Residents can also purchase these products online.

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