CBD Oil in South Dakota: Everything You Need to Know

CBD may have gone mainstream, but that doesn’t mean it’s legal everywhere. According to the 2018 US Farm Bill, each state has the right to craft laws regarding the cultivation and sale of hemp. While many places are OK with low-THC hemp, customers shouldn’t assume CBD is legal until they’ve researched local statutes. 

Case and point: South Dakota has extremely stringent CBD laws. Residents of the Mount Rushmore State aren’t allowed to buy, sell, or use any hemp-derived goods. Although there are calls to reform these laws, South Dakotans should refrain from buying and using CBD goods at this time.

Is CBD Oil Legal In South Dakota?

Today, hemp-derived CBD goods are illegal in South Dakota. Even if CBD products meet the standards outlined in the 2018 US Farm Bill, they are not permitted in the Mount Rushmore State.

Despite these harsh hemp laws, South Dakota recently changed its stance on marijuana vs. CBD possession. Instead of being listed as a Schedule 1 drug, CBD now has a Schedule 4 status. If SD police catch you with CBD oil, you could face a Class 6 felony.

Is Hemp Cultivation Legal In South Dakota?

In early 2020, South Dakota made headlines in the hemp community when it passed House Bill 1008. According to this new law, state legislators will allow industrial hemp cultivation and transport. Officials say they are now working with the US Department of Agriculture to establish a professional industrial hemp program.

This bill also set aside $3.5 million to help create South Dakota’s hemp cultivation program. However, due to the impact of COVID-19, this amount may be reduced in the near-term. 

Another feature of SB 1008 worth mentioning is that it allows manufacturers to use industrial hemp when making consumer goods. The only stipulation is that there must be less than 0.3 percent THC in hemp-derived products.

Although this bill seems like a step towards CBD legalization, HB 1008 makes it clear that South Dakota will hold the hemp industry to high standards. For instance, law enforcement has the power to search hemp transport vehicles without a driver’s consent. There’s also no statement on whether people could use CBD oil recreationally.

Does South Dakota Recognize Medical CBD Oil?

The only legal way South Dakotans could use CBD is if they have a prescription for Epidiolex. Created by Greenwich Biosciences, Epidiolex is an FDA-approved anti-epilepsy drug that has significant traces of CBD.

Although Epidiolex is permitted in South Dakota, the state does not have a medical cannabis program. Besides Epidiolex, doctors in South Dakota cannot prescribe any hemp or marijuana derivatives to patients.

Is It OK To Smoke Hemp In South Dakota?

South Dakota is as strict on smokable hemp flower as it is on CBD oil. Citizens cannot smoke or vape high-CBD hemp buds in public or private. This restriction extends to CBD e-juices and vape pens.

Anyone who is caught smoking hemp flower could face Schedule 1 drug charges. Since hemp and marijuana look identical, police often mistakenly arrest hemp smokers for marijuana possession. However, even if you prove you were smoking hemp in a court of law, you could pay a penalty for using CBD.

Is Vaping Allowed In South Dakota?

Even though South Dakota has clear restrictions on smokable hemp, vaping is permitted throughout the state. Under current law, South Dakotans over the age of 21 can legally use vaporizers. However, due to the ban on industrial hemp, it remains illegal to vape CBD e-juices or hemp flower.

Vapers in South Dakota should know the state recently passed a ban on vaping in public spaces. Lawmakers argue this new restriction will protect citizens from inhaling second-hand nicotine. Anyone charged with vaping in public may have to pay a fine. 

Could I Order CBD Online In South Dakota?

Nowadays, it’s not difficult to find online CBD shops that promise to send products throughout North America. However, since South Dakota has such strong laws against industrial hemp, it’s not wise to purchase CBD goods on the Internet. 

Most likely, these goods will be confiscated by SD authorities before they reach your doorstep. You might also receive fines or jail time for ordering CBD products in the state.

For your safety, it’s best to avoid online CBD purchases until South Dakota changes its hemp laws.

Is There Hope For CBD Legalization In South Dakota? 

2020 might be a pivotal year for hemp legalization in South Dakota. As already mentioned, HB 1008 lifted the ban on industrial hemp cultivation. But even more significantly, residents will vote on two key cannabis issues during the 2020 General Election.

In November, South Dakotans could legalize a state-run medical marijuana program. This year’s ballot will also allow South Dakotans to vote on recreational weed.

Although neither of these laws will directly affect CBD, they could ramp up reforms in the state’s nascent hemp industry. Those involved in the global CBD market should keep a close eye on South Dakota’s election results.

Stay Safe; Avoid CBD In South Dakota

There’s no way around it: South Dakota is an anti-CBD state. No matter how much you love CBD oil, it’s not safe to purchase hemp-derived goods while you’re in South Dakota. But don’t despair! Since CBD is such a new industry, laws are constantly changing. Within a few years, hemp laws could look very different in this Great Plains state.