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Is CBD Oil Legal in South Dakota?

Is CBD legal in South Dakota? Good question.

TLDR: The sale of hemp derived CBD oil products is illegal within the state of South Dakota. In fact, South Dakota has the most strict laws around the sale of CBD within their state. They completely ignore federal guidelines, and come up with their own laws on hemp.

You probably shouldn’t try to buy CBD oil in South Dakota, because it’s not legal.

Let’s go over some more about South Dakota CBD laws, and licensing requirements within SD state.

What is CBD?

CBD, also known as cannabidiol, is a non-psychoactive compound derived from cannabis. CBD shares the outer space of the cannabis plant with THC.

Studies continue to show CBD may have a plethora of beneficial properties, with the most popular of these being: anti-inflammatory, anti-oxidative,  pain reliefanti-seizure, and anxiety relief properties. In these medical field studies, CBD has proved its worth in a growing amount of trials.

It is important to understand exactly what CBD is when looking into the laws within South Dakota.

CBD is a Cannabis Derivative

Cannabidiol, or CBD, is a cannabis derivative. That doesn’t mean that it is the same as marijuana, though. It simply comes from a cannabis plant.

Cbd Legal Graph

This is an important distinction to keep in mind. Both the industrial hemp plant and marijuana both fall under the cannabis plant species.

Hemp Vs Marijuana Chart

CBD is also a non-psychoactive cousin of THC, which means CBD cannot, and will not, get you high. As long as your CBD is hemp-based, or comes from the hemp plant, it will not contain an amount of THC over 0.3%.

Federal regulations on CBD currently require all CBD products to come from hemp in order to remain federally legal. A THC amount of 0.3% isn’t enough to get anyone high.

In fact, this amount is so low that one could drink an entire container of CBD oil (not recommended), and still not get high.

Supplementing with CBD oil is a great way to treat patients in a more natural way than other medications that have harsh side-effects. CBD oil research over the last few years is significant. Investments done in research and development are numerous.

The FDA is still figuring out their approval process for CBD, so until this is complete, CBD oil will not be able to achieve the status of a dietary supplement.

Why is CBD Illegal in Some Places?

This is a tricky subject. Let’s begin by addressing the fact that while CBD is federally legal, each state has its own laws. While most states have followed the Farm Bill of 2018 footsteps, and do not regulate finished CBD products.

Legal Cbd Products For Sale

This is the case in South Dakota, where hemp byproducts have been reclassified as agricultural products separate from marijuana. That said, CBD oils are still not legal to sell in South Dakota.

Some of the more conservative states identify CBD and marijuana together, even though CBD is completely non-psychoactive.

For this reason, they have a set of strict laws. As time goes on though, states are continuing to soften these CBD laws. CBD oil in South Dakota is not allowed – yet.

How Did the Farm Bill Help Industrial Hemp?

The 2018 Farm Bill brought a revolution for hemp and industrial hemp products. The cultivation of hemp became federally legal for recreational purposes when this was passed.

This bill specifically removed hemp, which is now legally defined as cannabis containing less than 0.3% THC by weight, from the schedule I list of controlled substances. As of the writing of this article, cannabis as a whole is now set to be voted on for removal from this same list.

The United States FDA and CBD Oil

The Food and Drug Administration has the authority of regulating CBD oil product labeling, monitoring therapeutic claims for CBD oil, and the usage of CBD for recreational and dietary purposes. The FDA, currently, does not allow the advertisement of hemp-derived CBD oil as a dietary supplement, or as an additive to food and beverages.

The FDA must authorize any health claims that CBD oil products make. No medications to date have received this designation, except for the pharmaceutical drug Epidiolex.

While the Food and Drug Administration maintained this stance for years, it has softened these regulations and is considering appropriate legislation around labeling CBD oil as a dietary supplement.

In addition, the Farm Bill has given the authority to states to allow or disallow the cultivation and business of CBD.

Let’s move on to CBD oil in South Dakota, and talk about the legal status.

Is CBD Legal in SD?

NoCBD products are not legal to sell in South Dakota. Even if they are THC free, they still aren’t legal.

SD did attempt to explore hemp derived products and all they have to offer, but this was vetoed by Governor Kristi Noem.

I suspect that South Dakota will eventually follow suit after more federal guidelines are established which make some laws regarding hemp more clear. For example, the delta 8 vs delta 9 conflict is a very grey area that no one has any laws for.

Licensing Requirements for CBD in SD

Possession of CBD oil is not legal in South Dakota. There is no license you can have that will change this, either.

Further more, industrial hemp cannot be grown, cultivated, or marketed legally in the South Dakota until
regulations to implement the new law are adopted and effective.

New Phase Blends Cbd Edibles

When confronted with changes of legislation regarding the legalization of hemp, this is what Governor Kristi Noem, of South Dakota, had to say:

South Dakota must stand as an example for the rest of the country, not simply go along with others.  Our focus must be on leading for South Dakota’s next generation.  Our state is not yet ready for industrial hemp.

Governor Noem goes on to specify, “Although proponents claim hemp has a wide variety of uses, the legislative debate makes it clear that this bill is less about helping farmers and more about commercial interest in one product:  CBD.

Let’s get one thing straight here: there are MANY more benefits to hemp than simply extracting the CBD from it and reselling it.

South Dakota CBD Possession Limits

CBD products are not allowed within SD state lines. House Bill 1191 is an Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

As discussed previously, this bill was vetoed by SD Governor Noem.

Can You Buy CBD in South Dakota?

To be honest, CBD oil products (also known as hemp oil) are all over the place in South Dakota, even though they aren’t legal. It seems that consumers buy CBD oil and hemp derived CBD products from a variety of online stores, and have the products mailed to them.

I want to caution you, though, to be extra careful when buying CBD oil online. New Phase Blends is a veteran owned and operated CBD company. We offer nothing but premium CBD oil that comes with a 30 day money back guarantee.

At least give us consideration before you purchase CBD products – I know you’ll be happy with your purchase.

Cbd Products Banner

In the summer of 2020, the FDA conducted a study on CBD products from different brands. It reported that roughly 25% of CBD products are either fake, under-dosed, or mislabeled. CBD is expensive.

I would hate to see a bogus CBD oil company rip you off. For more information on what to look for when purchasing a CBD product, check out this post by clicking here.

Winding Up | Is CBD Legal in SD?

No, CBD is not legal in South Dakota. You cannot sell CBD oil in South Dakota. In fact, it is one of the least CBD oil friendly states there are. There state hemp laws are very strict.

While they did come up with a pilot program in August of 2020, it was vetoed by the Governor. It will likely be a bit longer before hemp is legal in South Dakota.

If you are curious about federal guidelines for CBD products, take a look below:

  • Hemp-derived CBD oil is legal
  • It must contain less than 0.3% THC (a broad spectrum CBD oil will contain almost no THC, while full spectrums can contain up to 0.3% – FYI)
  • I recommend that the CBD labels include a QR code that scans to a third-party lab result
  • Marijuana-derived CBD is not legal

That about wraps up covering the legalities of CBD oil within SD.

About the Author

Dale Hewett Author

Dale Hewett

Dale is the owner and founder of New Phase Blends. He discovered his passion for CBD use after suffering from injuries sustained while on Active Duty in the US Army. His number one priority is introducing the same CBD products that he himself uses for relief to others who can benefit from them.

Dale holds a Master Degree of Science, and is the inventor of the popular, patent-pending CBD-based sleep aid known as ‘Sleep.’

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