SIOUX FALLS, S.D. (KELO) — With a slew of CBD products on the shelves, medical cannabis on the horizon and recreational marijuana potentially in the future, South Dakotans now have more options than ever when it comes to consuming products in the cannabis family. Learn about the current state of cannabis legislation in South Dakota as well as the impact of medical and recreational marijuana legalization on the state’s economy and crime rate. Find out more about the different types of cannabis licenses in South Dakota The 2018 Farm Bill legalized hemp nationally, but every state was given the right to create their own laws surrounding hemp and CBD. South Dakota was one of the few states that held out, and they are just recently working out a USDA hemp plan in the state. What does that mean for consumers? Is CBD legal in South Dakota
Cannabis, hemp, marijuana and CBD: What’s the difference and can I use it?
SIOUX FALLS, S.D. (KELO) — With a slew of CBD products on the shelves, medical cannabis on the horizon and recreational marijuana potentially in the future, South Dakotans now have more options than ever when it comes to consuming products in the cannabis family.
But along with variety can arise confusion and questions: What exactly is cannabis? What’s the difference between marijuana and hemp? What’s CBD made from? Will hemp products get me high? Is all of this legal?
Here are some answers.
Cannabis, marijuana and hemp:
Cannabis is a plant living within the larger Cannabaceae family. The plant we think of when discussing both marijuana and hemp is known as Cannabis sativa L. According to the U.S. National Center for Complementary and Integrative Health (NCCIH), cannabis sativa L. (cannabis) contains about 540 chemical substances. The ones relevant to our interests are delta9 tetrahydrocannabinol (THC) and cannabidiol (CBD).
While both of these chemicals are found within the cannabis plant, the difference between marijuana and hemp is a question of THC content. The NCCIH says that marijuana constitutes products of the cannabis plant that contain substantial amounts of THC. THC is a psychoactive substance and is the primary element responsible for marijuana’s ability to get a user ‘high.’
Hemp is a form of cannabis containing lesser amounts of THC. The U.S. Food and Drug Administration (FDA) defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives — whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
All marijuana plants are cannabis, but not all cannabis plants are marijuana. Similarly, all hemp plants are cannabis, but not all cannabis plants are marijuana.
CBD, writes Dr. Peter Grinspoon for Harvard Medical School’s Harvard Health Publishing, is the second most prevalent active ingredient in cannabis, behind THC. While THC has psychoactive effects, CBD does not. It is one of the aforementioned 500+ chemicals found in the cannabis plant and is present as chemical in both marijuana and hemp. CBD on its own, whether derived from a marijuana or hemp plant, will not get a person high.
Grinspoon writes that there is some evidence that CBD can be useful in treating childhood epilepsy syndromes, such as Dravet syndrome and Lennox-Gastaut syndrome (LGS), which typically don’t respond to antiseizure medications. This is so far the only use for which the FDA has authorized a CBD product, a prescription drug called Epidiolex.
Grinspoon also notes that CBD is commonly used for issues including anxiety, insomnia and chronic pain.
Can hemp get me high?
Marijuana is cannabis that has a high concentration of THC. Hemp is cannabis that has too-low a concentration of THC (legally less than 0.3 percent) to get a person high. THC is delta-9 tetrahydrocannabinol.
But there is also delta-8-tetrahydrocannabinol.
According to Leafly, a cannabis website founded in 2010 that provides, among other things, information about cannabis products, both delta-8 and delta-9 are forms of THC and they are nearly identical.
Delta-8, like delta-9 (regular THC), binds to the body’s endocannabinoid system, which causes you to feel high. Chemically, delta-8 and delta-9 are similar in that they both have a double bond in their structures. This double bond is thought to produce the intoxicating effects that make you feel high.
While both have a double bond attaching to a chain of carbon atoms, delta-8 has this bond on the 8th atom, while delta-9 has it on the 9th.
The website DailyCBD says that in terms of potency, delta-8 THC is roughly half as potent as delta-9 THC. While it is less potent, both DailyCBD and Leafly report that delta-8 produces a high similar to that of delta-9.
The status of delta-8 THC products is a gray area. Similar to CBD, delta-8 products can be derived from both marijuana and hemp. The 2018 Farm Bill federally legalized the production of hemp and hemp products, so while delta-8 products derived from hemp are psychoactive in a manner similar to marijuana (which is classified federally as a schedule-one controlled substance), delta-8 derived from hemp is seen by some as legal on a federal level.
According to Leafly, there are currently 11 states in which delta-8 THC products are currently illegal, and many producers will not ship product to the following states:
- New York (New York state has explicitly outlawed delta-8)
- Rhode Island
KELOLAND News has confirmed that hemp derived delta-8 and delta-10 products are currently available for purchase in South Dakota.
In South Dakota, as of June 28, 2021, all marijuana products are illegal. Medical cannabis is set to become legal on July 1, though the state will not begin issuing medical cards until November 2021. The fate of recreational cannabis meanwhile hangs in the hands of the South Dakota Supreme Court after being struck down in February by a circuit court decision.
Until the Supreme Court rules, the circuit ruling stands.
Hemp-derived CBD products are legal in South Dakota.
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Is CBD Oil Legal in South Dakota?
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.
Is CBD Legal in South Dakota?
The 2018 Farm Bill legalized hemp nationally, but every state was given the right to create their own laws surrounding hemp and CBD. South Dakota was one of the few states that held out, and they are just recently working out a USDA hemp plan in the state.
What does that mean for consumers? Is CBD legal in South Dakota?
Technically, yes, the new legal definition of hemp legalized CBD in South Dakota. However, there are restrictions on the types of CBD products that can be made, sold, and used in the state.
Before you buy local CBD, you may want to take a look at South Dakota CBD laws:
Looking for premium CBD you can buy in South Dakota? Check out our Vitality Collection.
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
South Dakota was one of the last states to pass hemp legislature updates, and CBD was illegal as late as 2020. Now, CBD is legal in the state, but some types of CBD are restricted.
The state has very few regulations in place and there is no age limit for buying CBD. You do not need a prescription to access CBD in South Dakota.
Most state regulations have to do with THC content, but they do not necessarily ensure consumer safety. Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to South Dakota to buyers aged 18 and up.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in South Dakota?
South Dakota held out on hemp legalization for some time, even after the 2018 Farm Bill was passed into law. Governor Kristi Noem vetoed several attempts to pass HB 1191, a bill that would have legalized industrial hemp in the state.
As late as March of 2019, the state’s Attorney General released a statement declaring that all hemp CBD, except for the prescription medication Epidiolex, were classified as marijuana by the state, and were therefore illegal.
In late March, however, Governor Noem finally ended the multi-year standoff and signed HB 1008 to officially legalize hemp production in the state. Under the new bill, hemp is defined as cannabis with less than 0.3% THC, which aligns the state with the federal definition.
The bill allowed the state’s Department of Agriculture to devise and submit a hemp agriculture plan to the USDA. In October of 2020, the USDA approved South Dakota’s hemp plan, enabling farmers to finally apply for a hemp growing license in 2021.
Under HB 1008, hemp and all of it’s derivatives and extracts are legal within the state. Therefore, by definition, CBD products derived from hemp with less than 0.3% THC are legal in South Dakota.
However, the bill does prohibit the sale of products intended for smoking, like hemp flower or vaporizers. Similar laws can be found in other states, like Georgia, Texas, Iowa, and Arkansas.
Is full spectrum CBD legal in South Dakota?
It’s easy to assume that CBD isolate is legal in many places since it contains no THC, but many consumers are worried that the trace amounts of THC found in full-spectrum CBD products may cause trouble in states where cannabis is illegal.
South Dakota specifies that hemp material is legal so long as it contains less than 0.3% THC, so full spectrum CBD products are legal in the state.
Does South Dakota have a CBD possession limit?
South Dakota’s CBD laws are still in the works, but there are no defined possession limits to date. Products that contain more than 0.3% THC are considered cannabis products, which were legalized in South Dakota in late 2020, but the new laws don’t take effect until July of 2021. Legal cannabis products are generally subject to stricter possession limits.
Do you need a prescription for CBD in South Dakota?
There is no need for a prescription to access CBD products in South Dakota. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in South Dakota?
South Dakota has legalized hemp production and CBD, but it’s unclear how these new laws will shape out in the future. For now, you may be able to find CBD in many of the stores local to you.
Keep in mind that the CBD market is mostly unregulated across the country, and South Dakota is no exception. The state imposes some regulations, but they generally only exist to ensure that the THC content meets approved levels. Quality assurance regulations may be scarce.
Buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Do you have to be 21 to buy CBD in South Dakota?
In theory, CBD should be accessible to people of all ages, especially since it gained its popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
CBD age limits are mostly undefined, even by federal law. South Dakota does not impose any age restrictions for buying CBD products, but there may still be limitations.
Generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to South Dakota.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in South Dakota, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
Ready to shop for CBD? Our CBD Tinctures, Gummies, or delicious Fruit Chews are a great place to start.