Is CBD Oil Legal In South Dakota

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Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG Learn about the current state of cannabis legislation in South Dakota as well as the impact of medical and recreational marijuana legalization on the state’s economy and crime rate. Find out more about the different types of cannabis licenses in South Dakota

Is CBD Oil Legal in South Dakota? (2022 CBD Laws)

South Dakota has a unique story when it comes to cannabis laws. It has been a leader, a laggard, and a reneger — and only time will tell how the state’s current chapter concludes. For the time being, it’s definitely. confusing.

Currently, federally-legal hemp-derived CBD with no more than 0.3% CBD is permitted in South Dakota, though its legality under state law is not clear. SD just passed a law in 2020 to establish a medical marijuana program. Recreational cannabis is illegal.

It’s also worth noting that laws on tribal reservations may differ from state laws.

South Dakota CBD Laws At A Glance

Here are the main things to know related to CBD in South Dakota:

• Hemp CBD containing lessthan or equal to 0.3% THC is federally legal.

• Selling, buying, and possessingCBD in South Dakota is in a legal gray area — so do so with caution anddiscretion.

• You may find CBD at storesin-state, though it’s unclear if this is technically legal. You can legally buyCBD products online.

• You’ll probably need to beat least 21 to buy CBD.

• Smoking or inhaling CBD isexplicitly prohibited in SD.

• A medical marijuana programis being established. Epidiolex is legal for qualifying patients.

• Recreational cannabis useis unlawful.

• Illicit possession ofcannabis carries hefty penalties in South Dakota.

Is CBD Legal in South Dakota?

South Dakota’s sometimes referred to as the Land of Infinite variety. Perhaps it’s carried this spirit over to its cannabis laws. The state seems to go back and forth with its legislation and keep everyone guessing.

Let’s take a look-see at South Dakota’s CBD-related legislative merry-go-round:

  • The state had a burst of pioneering force in 1977 when it decriminalized cannabis. The short-lived law was quickly repealed, though. Switchback #1.
  • Status quo held for the next 30 years or so. Between 2006-2017, a few grassroots efforts to legalize medical marijuana failed. A 2015 attempt to again decriminalize cannabis was also unsuccessful.
  • In 2018, the Farm Bill federally legalized industrial hemp and its derivatives, so long as they contained 0.3% or less THC. South Dakota’s laws clashed with federal guidelines.
  • In 2019, state legislators passed legislation (HB 1191) to legalize industrial hemp, but the bill was vetoed by the governor. Furthermore, the state attorney general stated that hemp and all types of CBD oil were illegal. Switchback #2.
  • The same year, SB 95 passed. This law reclassified CBD from being a Schedule I to a Schedule IV controlled substance. Rescheduling CBD essentially decriminalized it a bit. Possession severity was reduced, but possession remained a felony and living in a place where there are illegal controlled substances stayed a misdemeanor. (Somehow this sounds like progress, but doesn’t necessarily feel like it. )
  • Finally in 2020, the state government enacted HB 1008. This law legalized growing, processing, and transporting industrial hemp with 0.0-0.3% THC. A license is required and the program should be in full swing for the 2021 growing season. Unfortunately, this legislation didn’t specify if CBD products are covered — hence the enduring questions over their legality.
  • Measure 26 (legalizing medical marijuana) and Constitutional Amendment A (legalizing recreational marijuana) were approved by voters in the 2020 election. A February 2021 court ruling overturned the constitutional amendment, declaring it unconstitutional (Switchback #3). The governor issued a statement in February 2021 saying the rollout of the medical marijuana program would be delayed a year, to 2022 (Switchback #4). The South Dakota Cannabis program has officially been launched and the first cannabis establishment registration certificates have been issued, so get ready, SD!
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How To Legally Purchase CBD Products In South Dakota

South Dakota is not exactly a CBD-friendly zone. (Sad face!) As such, your source for CBD products is most likely limited to the virtual marketplace. You still have a ton of shopping alternatives, but be sure to purchase from a reputable retailer. Also — given the squishy legal status of CBD oil in South Dakota, proceed with care.

Can You Buy CBD At Brick & Mortar Stores?

Because CBD isn’t unambiguously legal in South Dakota, you may not find CBD items locally. There aren’t any dispensaries (yet); your pharmacies, health food stores, etc. probably won’t carry CBD-infused products. If you want to purchase CBD goodies, you’ll need to go a different route.

When the medical marijuana program launches, qualifying patients will be able to purchase medical cannabis at licensed dispensaries.

Can You Buy CBD Online?

Even though CBD itself is questionably legal in some states, it’s definitively legal to mail hemp-derived CBD oil with 0.0-0.3% THC to every state in the Union. This is because federal law deems compliant CBD as legal in all 50 states.

This may be kind of bizarre, but welcomed news for folks in South Dakota. You can’t get CBD at a local store, but you’ve still got options. Thanks internet!

You can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with South Dakotans near you:

Is CBD Oil Legal in South Dakota?

CBD (cannabidiol) is an active chemical compound found in cannabis and hemp plants. Cannabis and hemp also contain another active ingredient called Tetrahydrocannabinol (THC). Marijuana has higher levels of THC and lower levels of CBD, while hemp is more abundant in CBD than THC.

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CBD is thought to have some medical uses in managing conditions like Parkinson’s disease, depression, anxiety, heart conditions, acne, dystonia, anorexia, chronic pain, Crohn’s disease, and seizure. CBD is mostly sold in oil form. It is also available as vaporizers, creams, lotions, tinctures, and edibles.

The United States Farm Bill (Agriculture Improvement Act of 2018) legalized the production of industrial hemp with THC content not exceeding 0.3%. Therefore, hemp-derived cannabidiol that meets this requirement is federally legal. Similarly, CBD sourced from hemp containing less than 0.3% of THC is legal in South Dakota in compliance with the Farm Bill.

Is CBD Oil Legal in South Dakota?

Yes. The provisions of House Bill 1008 make it legal to sell, buy and carry hemp-sourced CBD oil and other hemp-derived CBD products containing less than 0.3% of THC in South Dakota. CBD oil sourced from cannabis is illegal in South Dakota. Section 2 of House Bill 1008 stipulates that anyone caught carrying or distributing cannabis-derived cannabidiol products risks legal repercussions.

What are South Dakota CBD Laws in 2022?

Governor Kristi Noem approved House Bill 1008 on March 27, 2020, legalizing the cultivation, manufacture, and distribution of industrial hemp containing less than 0.3% of THC in South Dakota. The bill requires the South Dakota Department of Agriculture & Natural Resources (DANR) to regulate the cultivation and manufacture of industrial hemp and license growers and processors. South Dakota residents can buy, sell, and carry hemp legally without licenses. Also, state employees do not require hemp licenses when performing official responsibilities that involve the processing or testing of hemp plants.

What are South Dakota CBD Possession Limits?

House Bill 1008 does not stipulate CBD possession limits or impose age restrictions for persons who can possess CBD products in South Dakota. However, most dispensaries in the state only sell CBD products to individuals who are 18 years and older.

Can Doctors Prescribe CBD Oil in South Dakota?

Yes. The provisions of Title 34, Section 34.20G.5 of the South Dakota Codified Laws allow doctors to recommend cannabis-derived CBD oil and other cannabidiol products to patients. They do not require special certificates to recommend CBD. The qualifying medical conditions for marijuana-derived CBD oil recommendations in South Dakota include Crohn’s disease, glaucoma, multiple sclerosis, severe wasting, HIV, and AIDS. Others are Amyotrophic Lateral Sclerosis (ALS), Post-Traumatic Stress Disorder (PTSD), epilepsy, seizures, and cancer.

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What are the Licensing Requirements for CBD in South Dakota?

Per the provisions of House Bill 1008, South Dakota residents do not require licenses to sell or buy hemp-derived CBD. However, the bill requires hemp growers and processors to obtain licenses from the South Dakota Department of Agriculture & Natural Resources (DANR). According to the South Dakota Industrial Hemp Plan, applications for grower and processor licenses are made with the DANR. Applicants must submit their personal information (names, addresses, telephone numbers, and email addresses) and proposed business location (including the geospatial coordinates) to the Department. They must also provide documents confirming that the proposed facility locations are not within Indian tribe territories.

Applicants must consent to criminal background checks by the Federal Bureau of Investigation (FBI) and the South Dakota Division of Criminal Investigation (DCI). All key participants (sole proprietors, partners, and executive managers) and land-owners of the business’s property must also comply with the criminal background check requirements. An applicant must provide a certificate of good standing from the South Dakota Secretary of State, Federal Employer Identification Number (FEIN), and local government approval. In addition, they must pay their license application fees to the DANR and enclose the checks in their applications.

Applicants must complete the sections of the Industrial Hemp License Application Form that apply to their licenses of interest, attach the required documents, and mail to:

Department of Agriculture and Natural Resources

Joe Foss Building

523 E Capitol Avenue

Pierre, SD 57501

For further inquiries on hemp business license applications, interested persons can call the South Dakota Industrial Hemp Program Manager at 1 (605) 4432-773

The provisions of House Bill 1008 require the DANR to establish rules for labeling hemp-derived CBD products. However, as of October 2021, the Department has not provided the hemp product labeling rules. Generally, edible hemp products must specify the content levels of CBD in each product serving and the product batch number. Also, hemp product labels must contain statements informing users to consult with medical professionals before using the products.

Where to Buy CBD in South Dakota?

In South Dakota, CBD oil and other CBD products are available in vape stores, wellness centers, dispensaries, and grocery stores. Residents can also purchase these products online.

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