Yes. The provisions of House Bill 1008 make it legal to sell, purchase, and transport hemp-derived CBD oil and other hemp-derived CBD products containing less than 0.3% THC in South Dakota. CBD oil from cannabis is illegal in South Dakota. Section 2 of House Bill 1008 states that anyone caught wearing or distributing cannabis-based cannabidiol products risks legal consequences. Medical cannabis was recently legalized and the program is expected to launch in 2022. Recreational marijuana is illegal. The legalization of hemp derivatives does not apply to CBD products derived from marijuana plants or CBD products that exceed 0.3% THC. The laws of South Dakota are therefore not necessarily the same as the federal laws. In March 2019, Governor Kristi Noem vetoed the legalization of hemp. “This loophole has left the legality of CBD oil products open to different interpretations,” they said in a joint statement. The 2018 federal farm bill legalized hemp, a variety of the cannabis plant that can be harvested for cannabidiol, which has no intoxicating effects. The FDA states that not all CBD products are legal.
Food or beverages infused with CBD are illegal under FDA regulations. Marijuana is cannabis that has a high concentration of THC. Hemp is cannabis that has a THC concentration that is too low (legally less than 0.3%) to get a person high. THC is delta-9-tetrahydrocannabinol. Therefore, CBD is currently in a legal gray area in South Dakota. With that in mind, you can still sell CBD in South Dakota over-the-counter and online. Currently, hemp-derived CBD with no more than 0.3% CBD is allowed in South Dakota, although its legality is unclear under state law. SD just passed legislation in 2020 to establish a medical marijuana program.
Recreational cannabis is illegal. Industrial hemp CBD should not have a THC content greater than 0.3%. This type of CBD is legal in the eyes of the federal government. Keep in mind that CBD is currently in a legal gray area in South Dakota. Ensuring that THC levels are as close to 0% as possible will go a long way in protecting against legal consequences. However, according to some South Dakota lawyers, these legislative changes have created a loophole in SD`s controlled substances laws. They believe the discrepancy means that the legality of CBD oil products is open to interpretation. The legal status of hemp-derived CBD oil in South Dakota is unclear. President Trump signed the hemp cultivation law into law in December 2018. It allowed the cultivation of industrial hemp in the United States. Each state had to submit its program to the U.S.
Department of Agriculture for approval. Today, growing industrial hemp is legal in any state once you have the right license. What the Farm Bill didn`t do was legalize CBD at the federal level. South Dakota has remained true to hemp legalization for some time, even after the Farm Bill went into effect in 2018. Gov. Kristi Noem vetoed several attempts to pass HB 1191, a law that would have legalized industrial hemp in the state. Sopko said he would like to see clarification of state law. One of the biggest issues is that customers are currently afraid of CBD oil due to the different legal opinions in the state. He said he believed it was morally wrong for the state to dictate that they cannot sell a product when the market demands that product. But prosecutors who could indict people for selling and possessing CBD oil aren`t so sure. Some Sioux Falls companies stock CBD oil, while others have pulled it off their shelves and business owners say customers don`t know if they can buy it legally. Currently, Delta 8 THC is legal in South Dakota; You can easily find it even if you`re worried about buying CBD or if you`re not eligible for the medical program.
Joshua Sopko started selling various forms of CBD oil at his Juniper store in Sioux Falls a few weeks ago because customers were constantly asking for it and it aligned with the store`s mission to offer natural healing products. His products come from a company that transforms them from hemp seed to the final product, so he knows his origins. He said he believed it was legal to sell CBD oil in South Dakota, but he still feared being arrested and prosecuted for it. Republican Attorney General Jason R. Ravnsborg issued a statement on March 25, 2019, stating 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 approved form of the cannabinoid in the state. The 2018 Farm Bill transferred oversight from the U.S. Department of Justice (DOJ) to the FDA. While the FDA is slowly starting to adopt new regulations for CBD products, the market remains largely wary of buyers. Still, the agency warns that even regulations in the feed do not excuse companies from making illegal claims on their labeling. Most reputable CBD producers typically include the following information on the labels of their CBD products: Under South Dakota`s new law, the cultivation of industrial hemp is legal(25). Unfortunately, South Dakota punishes marijuana possession quite severely. Recreational and medical marijuana is illegal in Mount Rushmore State.
On March 13, 2020, the state government signed Bill (HB) 1008, which legalized the cultivation, production and transportation of industrial hemp(24). This seems to be in direct contradiction with federal laws. In 2018, the federal government made changes to the Farm Bill, which legalized the production of industrial hemp for commercial and research purposes.