cbdphoto in store

Whether you see it in a health food store, gas station or beauty salon catalog, it seems that Cannabidiol, or CBD is everywhere. But is it legal in South Dakota? 

Retailers and law enforcement across the state have been unclear on the legality of the compound that touts health benefits for a wide range of symptoms, including chronic pain, anxiety, inflammation, digestive disorders, and neurological conditions. This has prompted Attorney General Jason Ravnsborg to issue a clarifying statement regarding the legality of industrial hemp and CBD oils.

His statement clearly answers the questions posed above: current South Dakota law makes all forms of CBD illegal. 

“We have had numerous informal inquiries as to the legal status of both hemp and CBD oils since the legislative session concluded,” said Ravnsborg.  “It is important that the people of our state know and understand the status of the law so that they can obey it.”

Confusion is due to the fact that the federal government legalized the production and possession of hemp, the plant from which CBD products are derived. However, Gov. Kristi Noem vetoed the state proposal to do the same. 

“Now that the law has been made clear, we urge Jerauld County residents to obey it,” said Jerauld County Sheriff Jason Weber. “Although it has been sold in trusted retailers such as health food stores, this statement from the AG’s office makes it clear that possessing any CBD product is illegal and is classified as a felony. We want to make sure that residents know that — and know that as law enforcement, we must uphold the law.”  

The only exception is the prescription drug Epidiolex which was recognized by this year’s legislature as a controlled substance under SB 22.  Governor Kristi Noem signed that bill into law on February 19, 2019, with an emergency clause, therefore the law went into effect immediately.

This action leaves any other use or possession of CBD oil as a violation of state law.

“Some of the confusion is likely resulting from the fact that the federal government legalized the production and possession of hemp in the December 2018 Farm Bill,” continued Ravnsborg.  “However, after a robust discussion of HB 1191 during the recent legislative session, the legal status under state law did not change, hemp and CBD oils remain illegal in South Dakota.”

The public is advised to contact local law enforcement, their local state’s attorney or the Attorney General’s office with any further questions they may have.