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 SIOUX FALLS, S.D. (KELO) — With a slew of CBD products on the shelves, medical cannabis on the horizon and recreational marijuana potentially in the future, South Dakotans now have more options than ever when it comes to consuming products in the cannabis family.

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 The short-lived law was quickly repealed, though.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:

Cannabis, hemp, marijuana and CBD: What’s the difference and can I use it?

SIOUX FALLS, S.D. (KELO) — With a slew of CBD products on the shelves, medical cannabis on the horizon and recreational marijuana potentially in the future, South Dakotans now have more options than ever when it comes to consuming products in the cannabis family.

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But along with variety can arise confusion and questions: What exactly is cannabis? What’s the difference between marijuana and hemp? What’s CBD made from? Will hemp products get me high? Is all of this legal?

Here are some answers.

Cannabis, marijuana and hemp:

Cannabis is a plant living within the larger Cannabaceae family. The plant we think of when discussing both marijuana and hemp is known as Cannabis sativa L. According to the U.S. National Center for Complementary and Integrative Health (NCCIH), cannabis sativa L. (cannabis) contains about 540 chemical substances. The ones relevant to our interests are delta9 tetrahydrocannabinol (THC) and cannabidiol (CBD).

While both of these chemicals are found within the cannabis plant, the difference between marijuana and hemp is a question of THC content. The NCCIH says that marijuana constitutes products of the cannabis plant that contain substantial amounts of THC. THC is a psychoactive substance and is the primary element responsible for marijuana’s ability to get a user ‘high.’

Hemp is a form of cannabis containing lesser amounts of THC. The U.S. Food and Drug Administration (FDA) defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives — whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

All marijuana plants are cannabis, but not all cannabis plants are marijuana. Similarly, all hemp plants are cannabis, but not all cannabis plants are marijuana.


CBD, writes Dr. Peter Grinspoon for Harvard Medical School’s Harvard Health Publishing, is the second most prevalent active ingredient in cannabis, behind THC. While THC has psychoactive effects, CBD does not. It is one of the aforementioned 500+ chemicals found in the cannabis plant and is present as chemical in both marijuana and hemp. CBD on its own, whether derived from a marijuana or hemp plant, will not get a person high.

Grinspoon writes that there is some evidence that CBD can be useful in treating childhood epilepsy syndromes, such as Dravet syndrome and Lennox-Gastaut syndrome (LGS), which typically don’t respond to antiseizure medications. This is so far the only use for which the FDA has authorized a CBD product, a prescription drug called Epidiolex.

Grinspoon also notes that CBD is commonly used for issues including anxiety, insomnia and chronic pain.

Can hemp get me high?

Marijuana is cannabis that has a high concentration of THC. Hemp is cannabis that has too-low a concentration of THC (legally less than 0.3 percent) to get a person high. THC is delta-9 tetrahydrocannabinol.

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But there is also delta-8-tetrahydrocannabinol.

According to Leafly, a cannabis website founded in 2010 that provides, among other things, information about cannabis products, both delta-8 and delta-9 are forms of THC and they are nearly identical.

Delta-8, like delta-9 (regular THC), binds to the body’s endocannabinoid system, which causes you to feel high. Chemically, delta-8 and delta-9 are similar in that they both have a double bond in their structures. This double bond is thought to produce the intoxicating effects that make you feel high.


While both have a double bond attaching to a chain of carbon atoms, delta-8 has this bond on the 8th atom, while delta-9 has it on the 9th.

The website DailyCBD says that in terms of potency, delta-8 THC is roughly half as potent as delta-9 THC. While it is less potent, both DailyCBD and Leafly report that delta-8 produces a high similar to that of delta-9.


The status of delta-8 THC products is a gray area. Similar to CBD, delta-8 products can be derived from both marijuana and hemp. The 2018 Farm Bill federally legalized the production of hemp and hemp products, so while delta-8 products derived from hemp are psychoactive in a manner similar to marijuana (which is classified federally as a schedule-one controlled substance), delta-8 derived from hemp is seen by some as legal on a federal level.

According to Leafly, there are currently 11 states in which delta-8 THC products are currently illegal, and many producers will not ship product to the following states:

  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware
  • Idaho
  • Iowa
  • Mississippi
  • Montana
  • New York (New York state has explicitly outlawed delta-8)
  • Rhode Island
  • Utah

KELOLAND News has confirmed that hemp derived delta-8 and delta-10 products are currently available for purchase in South Dakota.

In South Dakota, as of June 28, 2021, all marijuana products are illegal. Medical cannabis is set to become legal on July 1, though the state will not begin issuing medical cards until November 2021. The fate of recreational cannabis meanwhile hangs in the hands of the South Dakota Supreme Court after being struck down in February by a circuit court decision.

Until the Supreme Court rules, the circuit ruling stands.

Hemp-derived CBD products are legal in South Dakota.

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