Is CBD Legal In South Dakota?

Is CBD Legal In South Dakota?

Posted on January 1st, 2021

South Dakota is considered one of the states with the strictest laws in the United States regarding CBD or cannabidiol. Even CBD derived from industrial hemp remains pretty much illegal within the state. But there are still some exceptions that apply when using CBD for medical purposes. That’s why you need to have a clear idea about CBD regulations in South Dakota. You’d want to know this in order to avoid problems with the law enforcement officials in the state. This article will answer the question – “Is CBD legal in South Dakota?”

So, Is CBD Legal In South Dakota?

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.

Another campaign started in 2010 to change the somewhat draconian regulations regarding the possession of hemp-derived CBD. The initiative intended to legalize hemp-derived products such as CBD as well as its growth, possession, and distribution in the state. But the State Department of Health had to authorize the use of CBD by registering those who required it for medical purposes. This initiative also saw defeat by a significant margin in the legislature. The people in South Dakota simply were not aware of the numerous therapeutic benefits of cannabis at that time. Two other initiatives launched between 2015 and 2017 didn’t even reach the ballot stage. But the state was finally able to enact a law that strictly regulated the use and possession of CBD in 2017.

Under this regulation, CBD moved apart from the legal definition of marijuana. Yet, it wasn’t available over the counter like in most of the other states. SB 96 re-classifies CBD as a Schedule IV drug. Sellers cannot sell products with CBD freely in the state unless they have the approval of the Food and Drug Administration (FDA).

The 2018 Farm Bill

Even though the 2018 Farm Bill legalized the growth, possession, and transportation of industrial hemp-derived throughout the country. However, South Dakotans didn’t get the green light to grow, possess, or use the product due to the state’s conflicting regulations. Hemp-derived CBD is legal in the state for medical purposes. But the user should have the consent of a qualified medical professional to buy said CBD products. In fact, several prosecutors in South Dakota opposed these regulations regarding CBD products.

South Dakota Cannabis LawsIs CBD Legal In South Dakota? - hemp plants

HB 1191, introduced in January 2019, sought to legalize industrial hemp in the state. Although the bill passed in the House and Senate, it was vetoed by the governor in March 2019. The Attorney General clarified South Dakota laws on CBD products in March 2019. He stated that all forms of CBD oil and industrial hemp are illegal unless the product is FDA-approved. Even if the FDA approves the CBD product, the user still needs a prescription from a licensed physician to buy it.

CBD Possession Limits in The State

Possessing non-FDA-approved CBD products is illegal in South Dakota. But the penalty for possessing CBD products depends on whether the product’s source is hemp or marijuana. Hemp-derived CBD products classify as Schedule IV drugs in the state. Thus, the law defines them as having a low potential for abuse. Hemp CBD has less than 0.3% THC, while marijuana CBD has much more than that. THC is the compound in cannabis that makes you high when consumed. Hence, hemp-derived CBD is currently only for medical use in the state under strict regulations. Unlawful possession of the Schedule IV substance in South Dakota classifies as a Class 6 felony. Thus, the offense warrants a fine of $4,000 and up to two years in prison.

What Is CBD?

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.

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.

How Does CBD Help You?

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

  • Digestion
  • Immune functions
  • Sleep
  • Mood
  • Reproduction
  • Fertility
  • Memory, and more.

Endocannabinoids or endogenous cannabinoids are molecules made by our own human bodies. They are similar to plant cannabinoids, but our bodies produce them naturally. Researchers identified two important endocannabinoids so far, anandamide (AEA) and 2-arachidonoylglyerol (2-AG). These endocannabinoids bind to endocannabinoid receptors found throughout the body.

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.

What to Consider When Buying CBD Products In South Dakota?

You should be cautious when buying CBD products in South Dakota. There are gray areas regarding CBD laws in the state, and illegal possession of CBD may land you in trouble. The most important thing is to know the THC percentage of the product you purchase. The legal limit of THC is less than 0.3%. Even if you buy hemp-derived CBD products with a valid prescription from a medical practitioner, you should buy them from a reliable supplier in South Dakota. The product should display third-party test results showing the concentration of the many chemical compounds in it. Only a reputable third-party lab from the state should certify the THC percentage of the product. Never opt for marijuana-derived CBD products because they are very much illegal in South Dakota.

The most important thing is to check the reputation and reviews of the CBD supplier you choose. The safest option is to buy online since these suppliers are more transparent about the contents of their products. You get as much time as you need to scrutinize the packing and test results before buying. This will ensure you are not buying counterfeit products, which may save you a lot of time and money in the process.

Ask the retailer where the manufacturing of the product took place. Also, remember to check the independent testing of the product before buying. The best thing about buying online is you get to read customer reviews. This way, you can know how the product worked with other people who used it and draw a conclusion from there.

The product should have the approval of the FDA for it to be considered legal in South Dakota. Do your research and have caution when buying CBD products for medical purposes due to the confusing laws of South Dakota.

What Should the Product Label Include?

Almost all reputable CBD suppliers in South Dakota will include the following information on the label of any CBD product:

  • Net weight
  • Supplement facts and ingredients
  • The amount of active CBD per serving
  • Batch and date code
  • Manufacturer’s name
  • Whether the product is full-spectrum, isolate, or broad-spectrum
  • Suggested use of the product

Is CBD Legal In South Dakota? – The Takeaway

The CBD laws in Dakota are quite confusing at times. You need to stay up to date with the latest laws in the state to know if you won’t get in trouble when buying CBD. At the moment, you can only purchase hemp-derived for medicinal purposes. You must also have a valid prescription from a qualified medical practitioner to buy CBD in South Dakota. The most important thing is to look for an FDA approved CBD product since non-FDA-approved products are still illegal in the state. The best way to buy CBD is through a reputable online supplier, though. The THC level of the product should be less than 0.3% for it to be legal. Hopefully, the article above finally answered the question – “Is CBD legal in South Dakota?”. Yes, it is. But only if you have the approval of a practicing physician to use it.

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