Is CBD Oil Legal in South Dakota?

As of the writing of this article, the legal status of CBD in South Dakota is contingent on its source and THC content. Hemp-derived CBD, including CBD oil with less than 0.3% THC, is lawful thanks to House Bill 1008. Conversely, marijuana-derived CBD and CBD oil derived from marijuana remain prohibited, unless obtained through the South Dakota Medical Cannabis Program.

2023 South Dakota CBD Laws

Governor Kristi Noem signed House Bill 1008 into law in March 2020, ushering in a new era for industrial hemp in the state. This legislation authorized the cultivation, manufacturing, and distribution of industrial hemp, as long as it contains less than 0.3% THC. Oversight of hemp cultivation and the licensing of growers and processors falls under the purview of the South Dakota Department of Agriculture & Natural Resources (DANR). However, it’s worth noting that South Dakota residents can freely purchase, sell, and possess hemp-derived CBD without the need for specific licenses.

CBD Possession Limits

House Bill 1008 does not specify any possession limits or age restrictions for hemp-derived CBD. Nevertheless, the majority of the state’s dispensaries prefer to serve individuals aged 18 and older. Minors with documented medical conditions and the appropriate recommendations, however, do have access to CBD products.

Licensing for CBD in South Dakota

Although residents are not required to obtain licenses for buying or selling hemp-derived CBD, the state mandates that hemp growers and processors secure licenses through the DANR. Additionally, House Bill 1008 indicates that the DANR should establish labeling standards for hemp products; however, as of October 2021, these standards were still pending. Generally, product labels must include information about the CBD content per serving and advise users to consult with medical professionals before usage.

Where Can You Purchase CBD?

Hemp-derived CBD products are readily available in various South Dakota locations, including vape shops, wellness centers, and grocery stores. Online shopping also provides a convenient avenue for purchasing hemp-derived CBD. In contrast, marijuana-derived products can only be obtained through licensed medical marijuana dispensaries, accessible exclusively via the South Dakota Medical Cannabis Program.

CBD and South Dakota Drug Tests

Typically, CBD itself does not register on standard cannabis drug tests. However, individuals who consistently use full-spectrum CBD products or those with higher THC levels than indicated on the label may test positive for THC.

In Conclusion

Navigating the CBD regulations in South Dakota, both for consumers and businesses, can be a perplexing task. At the time of this writing, the state permits the use of hemp-derived CBD while upholding stringent regulations for marijuana-derived products. With the potential therapeutic benefits and a burgeoning market, it is vital for users to stay informed about these guidelines to ensure safe and legal CBD consumption in South Dakota.