South Dakota

On March 12, 2019, Senate Bill 95 legalized cannabidiol (CBD) by moving it from Schedule I to Schedule IV in the drug classifications. According to the DEA, Schedule I drugs have a greater potential for being abused than schedule IV drugs. The phrase "licensed practitioners" is defined in Chapter 22 to 24 of South Dakota's codified legislation as a doctor of medicine, licensed pharmacist, or physician's assistant who is licensed to practice his or her profession.
The cultivation of industrial hemp is now permitted in South Dakota following the passage of a new law. Any person desiring to buy, cultivate, or process industrial hemp must first obtain a USDA license under HB 1008.
The state government became the first in the United States to legalize industrial hemp growth, production, and transportation when it joined House Bill (HB) 1008 on March 13, 2020. The measure stipulated that licensed businesses or individuals in South Dakota may cultivate industrial hemp with a maximum level of 0.3% THC.

Table of contents

1. Brief info

  •  Is CBD Legal in South Dakota?
 The products that contain less than 0.3% THC are federally legal in South Dakota.
  •   Who Can Buy CBD in South Dakota? 
Individuals at the age of 18 or over.
  •   Who Can Grow CBD Products in South Dakota?
People that have a license issued by the government.
  •   Who is protected from criminal offenses regarding CBD use?
The ones who didn’t exceed the dosage and possession limits of CBD.
  • More in-depth information about the state regulations and laws

2. South Dakota CBD laws

South Dakota refused to make legislative changes in line with federal legislation after the Farm Bill was signed in December 2019. In 2019, South Dakota lawmakers attempted to legalize industrial hemp production through House Bill 1191. The bill was vetoed by Governor Kristi Noem in March 2019 after multiple sessions analyzing the text. After the veto, Attorney General Ravnsborg declared that industrial hemp and all forms of CBD oil are illegal under state law. The state's Attorney General said that while the legislation made an exception for Epidiolex, an anti-epileptic medication, it did not make one for cannabis or any derivative products. Epidiolex is the first FDA-approved drug with CBD as a primary ingredient. The medication, which is not available over the counter, is used to treat youngsters with rare kinds of childhood epilepsy. On March 12, 2019, Senate Bill 95 legalized cannabidiol (CBD) by moving it from Schedule I to Schedule IV in the drug classifications. According to the DEA, Schedule I drugs have a greater potential for being abused than schedule IV drugs. The phrase "licensed practitioners" is defined in Chapter 22 to 24 of South Dakota's codified legislation as a doctor of medicine, licensed pharmacist, or physician's assistant who is licensed to practice his or her profession. It is a felony to possess CBD oil in South Dakota, according to the South Dakota legislature. Furthermore, residing in a location where controlled substances are illegally kept or utilized is a misdemeanor.

South Dakota Legalizes Industrial Hemp

The state government became the first in the United States to legalize industrial hemp growth, production, and transportation when it joined House Bill (HB) 1008 on March 13, 2020. The measure stipulated that licensed businesses or individuals in South Dakota may cultivate industrial hemp with a maximum level of 0.3% THC.

Licensing Requirements

The cultivation of industrial hemp is now permitted in South Dakota following the passage of a new law. Any person desiring to buy, cultivate, or process industrial hemp must first obtain a USDA license under HB 1008. Within the following 60 days, you must submit an application for a permit with the USDA. Applicants with criminal records are not accepted. Furthermore, the bill stated that industrial hemp farms should not have more than five acres of outdoor space. Because of the legalization of industrial hemp, the state government has not implemented licensing requirements for hemp-derived CBD products since.

Where to Buy CBD Products Legally In South Dakota?

South Dakota has no formal CBD legislation, making it a risky place to buy. As a result, In the United States, consumers seeking high-quality CBD oil should look for CBD firms that adhere to accurate labeling and openness. A third-party laboratory test result that shows the product's cannabinoid concentration is the certificate of analysis (COA). The COA also verifies whether the product is free of hazardous materials such as pesticides, heavy metals, and other toxic chemicals. Consumers may use the Better Business Bureau's website to research a company's standing. People can submit product complaints to the BBB's official website. As a result, CBD firm ratings are influenced by customer evaluations. Although South Dakota has strict laws on CBD oil, CBD stores are permitted in the state. The Better Business Bureau (BBB) reports that a CBD store known as the Hemporium Boutique is currently open in Rapid City. CBD products, such as CBD tinctures and CBD topical creams, are available for purchase at this location. CBD personal care products, such as lotions and balms, and CBD oil tinctures for pets are also available.

Medical Cannabis in South Dakota

To acquire a South Dakota Medical Marijuana card, you must be a South Dakota resident. There is no age restriction; however, patients under the age of 18 must have permission from their parents or guardians to act as an authorized representative (caregiver). The South Dakota FSST medical marijuana program allows patients with a wide range of medical problems to access the medicine. If you have an illness or symptom that may be helped by cannabis, you are most likely eligible. The following are examples of conditions that qualify:
  • Chronic / severe pain
  • Anxiety / Depression
  • Post-traumatic stress disorder
  • Cancer
  • HIV / AIDS
  • Glaucoma
  • Multiple sclerosis
  • Muscle Spasms
  • Seizures
  • Severe nausea
  • Spasticity
  • Terminal Illness
No further medical documentation is needed other than medical records, pill bottles, office visit summaries, or a note from a doctor to be approved.

Steps to Receive a Medical Marijuana Card in South Dakota

Step 1: Meet With a Certified Doctor

Meet with a certified doctor to get approval for your medical condition. 

Step 2: Fill in the Application and Pay the Fees

Fill in your application, by providing information about your residence, date of birth, qualifying condition, etc. 

Step 3: Receive the Card

Receive your card, after approval. 

South Dakota CBD possession limits

In South Dakota, possession of non-FDA-approved CBD is prohibited, however the penalty for possessing it differs from that of cannabis or THC products under state law. In 2017, the South Dakota legislature passed SB 95, which changed CBD's status from Schedule 1 to Schedule 4. Under South Dakota law, Schedule 4 drugs are defined as having “low potential for abuse, currently accepted medical use in the United States, and a limited physical dependence or psychological dependence liability or potential.” Unlawful possession of a Schedule 4 drug is a Class 6 felony in the state, punishable by two years in prison and $4000 fine.

3. Notes

  1. Geoffrey William Guy; Brian Anthony Whittle; Philip Robson (2004). The Medicinal Uses of Cannabis and Cannabinoids. Pharmaceutical Press. pp. 74–. ISBN 978-0-85369-517-2.
  2. Bloomsbury Publishing (2010). Dictionary of Medical Terms. Bloomsbury Publishing. p. 139.