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Hemp strains don’t produce enough of the cannabinoid THC to cause intoxication, but all types of cannabis, including hemp, were considered illegal under the 1970 Federal Controlled Substances Act. The legislation swept all cannabis under the Schedule 1 umbrella, which defined cannabis as a substance with a high potential for abuse, no accepted medical use, and a likelihood for addiction.

South Dakota’s CBD laws are especially strict, but state regulations allow somewhat complicated legal exceptions for certain medical CBD products such as Epidiolex, the pharmaceutical-grade CBD oil approved by the Food and Drug Administration (FDA) and manufactured by GW Pharmaceuticals. Despite the recent federal legalization of industrial hemp, South Dakota has mostly refrained from updating its legislation to accommodate federal changes.

Why is CBD sometimes illegal?

The 2018 Farm Bill legalized hemp cultivation and created a clear pathway to remove some cannabis from Schedule 1 status by creating a legal distinction between hemp and marijuana. Under the new legislation, hemp is classified as cannabis that contains less than 0.3% THC by weight, while marijuana is classified as cannabis that contains more than 0.3% THC. As a result, hemp-derived CBD was descheduled by the bill, but because marijuana is categorized as a Schedule 1 substance, CBD that is derived from the marijuana plant is still considered federally illegal. While hemp is now considered an agricultural commodity under the 2018 Farm Bill, it still must be produced and sold under regulations that implement the bill. The USDA has yet to create these regulations.

The Farm Bill also endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Despite the Farm Bill’s passage, the FDA has issued a directive that no CBD, not even hemp-derived, may be added to food or beverages or marketed as a dietary supplement. As time passes, the FDA has begun re-evaluating that stance on CBD products but has yet to revise rules or specifically regulate CBD products. The FDA’s slow movement has created further confusion on the state level.

Republican Attorney General Jason R. Ravnsborg released a statement on March 25, 2019, to clarify that “current South Dakota law makes industrial hemp illegal and all forms of CBD oil illegal.” Ravnsborg’s statement added that the FDA-approved CBD drug Epidiolex, with a prescription from a licensed physician, is the only permitted form of the cannabinoid in the state.

Three decades after that, a large initiative on legalizing cannabis was initiated in 2006 with the intent of decriminalizing marijuana. The ballot initiative suggested that people, who complied with the specific medical requirement, including minors, could grow up to six marijuana plants. Minors were to have medical consent, of course.

However, at the time, cannabis products weren’t as popular as they are now, and so the public wasn’t well-informed about the benefits of the plant. Unfortunately, in 2010 the initiative was defeated by a significant margin on the ballot.

Is CBD Oil Legal in South Dakota?

However, even with the murky regulations of CBD oil in South Dakota, users all over the state are praising CBD’s work in alleviating symptoms and medical issues as Crohn’s diseases, severe nausea, Huntington’s disease, Hepatitis C, anxiety, HIV/AIDS, insomnia, glaucoma, diabetes, depression, cancer, PTSD, and more.

Hence, due to Senate Bill 96, CBD is considered a Schedule IV drug in South Dakota. Therefore though CBD oil has a low potential to be abused, unless approved by the FDA or the Food and Drug Administration can’t be sold freely.

The initiative was as a result of supporters asking for a change in the regulations. The intention was to legalize cannabis and its by-products like CBD oil in South Dakota for growing, possessing, distributing, and using with the condition of registering with the State Department of Health.

Disclaimer: The following information is based entirely on our own independent research. While our team strives to provide accurate and current information from credible state-run websites and resources, we are not lawyers or legal experts. As such, none of the following information should be interpreted as legal advice.

Back in March 2019, Attorney General Jason Ravnsborg hoped to clear up CBD guidelines as they stood in South Dakota. This was largely due to the misunderstanding and misinterpretation that came along with the passing of the updated U.S. Farm Bill in late 2018. While you often read articles that claim CBD is accepted everywhere, the reality is some states have more stringent guidelines in place than others.

Folks Are Asking: Is CBD Oil Legal in South Dakota?

In South Dakota, legislation has finally been approved (as of mid-2020) to allow for the cultivation of industrial hemp. Hopefully soon, this will lead to increased availability of authentic, high-quality hemp-derived CBD oils and other CBD products.

In short, the Farm Bill allows states to decide whether or not they want to implement an industrial hemp growing platform. It doesn’t actually mention anything about CBD. The problem is that, when the Farm Bill passed, many people assumed complete nationwide acceptance of CBD – as long as it was derived from hemp and contained 0.3% THC or less. Few people realized that states still had the right to “reject” the new version of Farm Bill as they saw fit.

A Roadmap to CBD in South Dakota