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is cbd oil legal in south dakota

CBD or cannabidiol is a plant-based product with numerous health benefits when consumed orally or used topically. It is the second-most common cannabinoid in the Cannabis Sativa plant behind THC.

All functions of endocannabinoids contribute to homeostasis or the stability of the internal environment of an individual. When pain or injury kick in and put your body off balance, the ECS system helps the body return to homeostasis. The primary function of the ECS system is to maintain homeostasis. The natural production of endocannabinoids decreases with injury, illness, and aging. That’s where CBD products come in handy. They interact with the ECS system, supplement it, and may help your body return to homeostasis. That’s how CBD is able to help with pain reduction and other health benefits.

CBD Possession Limits in The State

There are hundreds of chemical compounds in the cannabis plant. THC and CBD are the most abundantly available compounds. THC is the sole responsible for making people high when consumed. Marijuana-based CBD has more than 0.3% THC and, thus, does have psychoactive properties. Hence, the use of marijuana-based CBD – whether for medicinal or recreational purposes – is illegal in the state. On the other hand, hemp-derived CBD contains less than 0.3% THC and is legal for medicinal use in South Dakota with a few conditions.

Hemp-derived CBD has numerous potential health benefits. The compound acts in the body through a range of biological pathways – namely cannabinoid receptors. The endocannabinoid system (ECS) regulates many functions of the body, these include

South Dakota was one of the first states in the country to legalize cannabis in 1977. This was back when the entire country was thinking of decriminalizing the substance. But the legal status didn’t last long since law enforcement outlawed the substance once again shortly after. In 2006, an initiative on legalizing marijuana came up with the intent of decriminalizing its use in the state. The draft bill suggested that people with specific medical needs be allowed to grow up to 6 cannabis plants on their private properties. Even minors could do it if they had a specific medical condition and the consent of a qualified medical practitioner to do so. But the ballot initiative didn’t materialize since it they voted it out.

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.

Hemp production and sale, including its cannabinoids and CBD specifically, remain tightly regulated federally. The Farm Bill provides that individual states may also regulate and even prohibit CBD cultivation and commerce. States may attempt to regulate CBD in food, beverage, dietary supplements, and cosmetic products independently of the FDA’s rules.

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The 2018 Farm Bill endowed the FDA with the ability to regulate CBD’s labeling, therapeutic claims, and presence in foods or drinks. Photo by: Gina Coleman/Weedmaps

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.

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.

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.

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.

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.

Where to buy CBD in South Dakota?

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.

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

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.

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.