Is CBD Oil Legal in South Dakota?

  1. South Dakota Cannabis
  2. South Dakota CBD

What is CBD?

CBD (cannabidiol) is an active chemical compound found in cannabis and hemp plants. Cannabis and hemp also contain another active ingredient called Tetrahydrocannabinol (THC). Marijuana has higher levels of THC and lower levels of CBD, while hemp is more abundant in CBD than THC.

CBD is thought to have some medical uses in managing conditions like Parkinson's disease, depression, anxiety, heart conditions, acne, dystonia, anorexia, chronic pain, Crohn's disease, and seizure. CBD is mostly sold in oil form. It is also available as vaporizers, creams, lotions, tinctures, and edibles.

The United States Farm Bill (Agriculture Improvement Act of 2018) legalized the production of industrial hemp with THC content not exceeding 0.3%. Therefore, hemp-derived cannabidiol that meets this requirement is federally legal. Similarly, CBD sourced from hemp containing less than 0.3% of THC is legal in South Dakota in compliance with the Farm Bill.

Is CBD Oil Legal in South Dakota?

Yes. The provisions of House Bill 1008 make it legal to sell, buy and carry hemp-sourced CBD oil and other hemp-derived CBD products containing less than 0.3% of THC in South Dakota. CBD oil sourced from cannabis is illegal in South Dakota. Section 2 of House Bill 1008 stipulates that anyone caught carrying or distributing cannabis-derived cannabidiol products risks legal repercussions.

What are South Dakota CBD Laws in 2022?

Governor Kristi Noem approved House Bill 1008 on March 27, 2020, legalizing the cultivation, manufacture, and distribution of industrial hemp containing less than 0.3% of THC in South Dakota. The bill requires the South Dakota Department of Agriculture & Natural Resources (DANR) to regulate the cultivation and manufacture of industrial hemp and license growers and processors. South Dakota residents can buy, sell, and carry hemp legally without licenses. Also, state employees do not require hemp licenses when performing official responsibilities that involve the processing or testing of hemp plants.

What are South Dakota CBD Possession Limits?

House Bill 1008 does not stipulate CBD possession limits or impose age restrictions for persons who can possess CBD products in South Dakota. However, most dispensaries in the state only sell CBD products to individuals who are 18 years and older.

Can Doctors Prescribe CBD Oil in South Dakota?

Yes. The provisions of Title 34, Section 34.20G.5 of the South Dakota Codified Laws allow doctors to recommend cannabis-derived CBD oil and other cannabidiol products to patients. They do not require special certificates to recommend CBD. The qualifying medical conditions for marijuana-derived CBD oil recommendations in South Dakota include Crohn's disease, glaucoma, multiple sclerosis, severe wasting, HIV, and AIDS. Others are Amyotrophic Lateral Sclerosis (ALS), Post-Traumatic Stress Disorder (PTSD), epilepsy, seizures, and cancer.

What are the Licensing Requirements for CBD in South Dakota?

Per the provisions of House Bill 1008, South Dakota residents do not require licenses to sell or buy hemp-derived CBD. However, the bill requires hemp growers and processors to obtain licenses from the South Dakota Department of Agriculture & Natural Resources (DANR). According to the South Dakota Industrial Hemp Plan, applications for grower and processor licenses are made with the DANR. Applicants must submit their personal information (names, addresses, telephone numbers, and email addresses) and proposed business location (including the geospatial coordinates) to the Department. They must also provide documents confirming that the proposed facility locations are not within Indian tribe territories.

Applicants must consent to criminal background checks by the Federal Bureau of Investigation (FBI) and the South Dakota Division of Criminal Investigation (DCI). All key participants (sole proprietors, partners, and executive managers) and land-owners of the business's property must also comply with the criminal background check requirements. An applicant must provide a certificate of good standing from the South Dakota Secretary of State, Federal Employer Identification Number (FEIN), and local government approval. In addition, they must pay their license application fees to the DANR and enclose the checks in their applications.

Applicants must complete the sections of the Industrial Hemp License Application Form that apply to their licenses of interest, attach the required documents, and mail to:

Department of Agriculture and Natural Resources

Joe Foss Building

523 E Capitol Avenue

Pierre, SD 57501

For further inquiries on hemp business license applications, interested persons can call the South Dakota Industrial Hemp Program Manager at 1 (605) 4432-773

The provisions of House Bill 1008 require the DANR to establish rules for labeling hemp-derived CBD products. However, as of October 2021, the Department has not provided the hemp product labeling rules. Generally, edible hemp products must specify the content levels of CBD in each product serving and the product batch number. Also, hemp product labels must contain statements informing users to consult with medical professionals before using the products.

Where to Buy CBD in South Dakota?

In South Dakota, CBD oil and other CBD products are available in vape stores, wellness centers, dispensaries, and grocery stores. Residents can also purchase these products online.

South Dakota CBD