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CBD Oil in South Dakota
Hemp and marijuana are easily confused. While hemp and marijuana are both cannabis plants, under the eyes of federal law, a distinction is recognized thanks to the federal Farm Bill of 2018. This distinction is based on the amount of the tetrahydrocannabinol (THC) compound found in a plant (THC is the substance that creates a “high.”) Hemp, as defined by federal law, must contain no more than .3% THC.
For much of the 20th century, and in the early years of the 21st, many governments made no distinction between the two plants. But this distinction between hemp and marijuana is important because it often offers guidance as to the legality of CBD and CBD-based products, which can be derived from either the hemp plant, or the marijuana plant. In many cases, this distinction matters when it comes to the question of legality at the state level.
But states set their own laws on these matters, and some states are harsher than others when it comes to cannabis laws and CBD accessibility. While hemp-based CBD is legal in many places across the United States, many still wonder, “is CBD legal in South Dakota?”
The answer, for most cases, is no. SD has some of the most restrictive laws on the books when it comes to cannabis and even hemp-based CBD faces significant legal hurdles. At present, no form of CBD oil, whether derived from marijuana or hemp, is legal for general public use in South Dakota.
Is CBD Oil legal in South Dakota?
For the moment, the answer is no. It is not currently legal for members of the general public to produce, sell, posses, or consume CBD oil or related products in South Dakota. While most states have moved toward alignment with federal laws on industrial hemp, following the passage of the 2018 Farm Bill, things are lagging in South Dakota.
There is one legal exception for prescription CBD that has medical application, but the regulations and laws surrounding this exception are complicated. (Epidiolex is recognized as a controlled substance by the state’s legislature).
Still, there is a significant undercurrent of cannabis advocacy in the state and legal battles are ongoing.
A ballot initiative (Amendment A) sought to amend the state constitution to legalize both medical and recreational cannabis. It was passed by South Dakota voters in November 2020 with more than 54 percent of voters favoring the amendment. But in February of 2021, South Dakota Circuit Judge Christina Klinger declared the change to be unconstitutional, effectively putting a stop to the advancement of cannabis freedom in the state, for now.
The ruling will likely be appealed by cannabis advocates and could end up in the South Dakota Supreme Court soon.
What are the current CBD laws in South Dakota?
South Dakota is significantly lagging behind other states when it comes to hemp, CBD, and cannabis legalization in general, with very harsh laws on all cannabis use.
While many states have rapidly established new commercial avenues for industrial hemp, South Dakota has only just begun to step forward into the world of industrial hemp. Despite legalization at the federal level, it took until 2020 for South Dakota to legalize hemp at the state level. Governor Kristi Noem (R) put her signature on HB 1008 in March of 2020, creating a legal pathway for hemp cultivation and production of hemp products.
Initiatives to institute medical cannabis programs failed repeatedly in the last two decades, but in 2020 South Dakota held votes for Measure 26 and Amendment A.
Measure 26, which established a medical marijuana program for South Dakota residents, passed with support from 70 percent of voters. The measure permits those suffering from chronic or debilitating health issues to possess no more than three ounces of marijuana, but only when they are deemed qualified patients and registered with the South Dakota Department of Health. The measure also permits patients to grow marijuana plants.
Ballotpedia concludes that the measure “…will likely require judicial or legislative clarification.”
This program, while approved, still faces delays and legal obstacles— including a move in the state legislature to delay program activation until 2022.
Amendment A faces even stiffer challenges.
Amendment A would have been a leapfrog moment for cannabis freedom in South Dakota, removing legal barriers to cannabis— but the measure is now facing ongoing legal challenges. The amendment, especially when paired with Measure 26, would be a landmark change in cannabis policy with national implications as it seeks to simultaneously legalize medical and recreational use of cannabis across the state.
Can I purchase CBD in South Dakota?
If you are in South Dakota, you might be able to find CBD for sale in some retail environments, but it is not legal and you may be subject to police action—until the legal framework for CBD accessibility is improved within South Dakota, sellers and purchasers are putting themselves in legal jeopardy.
For most states, Highland Pharms is willing, able, and happy to ship our safe, clean, legally produced CBD products to customers. Unfortunately, due to the restrictive state laws and ongoing legal battles in South Dakota, we recommend customers still wishing to order our CBD products have them shipped to a friend or family member in nearby states who can forward them on to the South Dakota resident.
We offer CBD products in a wide variety of formats including gummies, droplets, tinctures, capsules, lotions, creams, vape oils, and even pet treats. We hope to be able to sell and ship these products to residents of the Mount Rushmore State soon. We will be closely monitoring the legal situation.