Is CBD Oil Legal In South Dakota

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Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG Trying to find a reliable source of CBD in South Dakota? This article will discuss the relevant laws & how to find high-quality CBD online.

Is CBD Oil Legal in South Dakota? (2022 CBD Laws)

South Dakota has a unique story when it comes to cannabis laws. It has been a leader, a laggard, and a reneger — and only time will tell how the state’s current chapter concludes. For the time being, it’s definitely. confusing.

Currently, federally-legal hemp-derived CBD with no more than 0.3% CBD is permitted in South Dakota, though its legality under state law is not clear. SD just passed a law in 2020 to establish a medical marijuana program. Recreational cannabis is illegal.

It’s also worth noting that laws on tribal reservations may differ from state laws.

South Dakota CBD Laws At A Glance

Here are the main things to know related to CBD in South Dakota:

• Hemp CBD containing lessthan or equal to 0.3% THC is federally legal.

• Selling, buying, and possessingCBD in South Dakota is in a legal gray area — so do so with caution anddiscretion.

• You may find CBD at storesin-state, though it’s unclear if this is technically legal. You can legally buyCBD products online.

• You’ll probably need to beat least 21 to buy CBD.

• Smoking or inhaling CBD isexplicitly prohibited in SD.

• A medical marijuana programis being established. Epidiolex is legal for qualifying patients.

• Recreational cannabis useis unlawful.

• Illicit possession ofcannabis carries hefty penalties in South Dakota.

Is CBD Legal in South Dakota?

South Dakota’s sometimes referred to as the Land of Infinite variety. Perhaps it’s carried this spirit over to its cannabis laws. The state seems to go back and forth with its legislation and keep everyone guessing.

Let’s take a look-see at South Dakota’s CBD-related legislative merry-go-round:

  • The state had a burst of pioneering force in 1977 when it decriminalized cannabis. The short-lived law was quickly repealed, though. Switchback #1.
  • Status quo held for the next 30 years or so. Between 2006-2017, a few grassroots efforts to legalize medical marijuana failed. A 2015 attempt to again decriminalize cannabis was also unsuccessful.
  • In 2018, the Farm Bill federally legalized industrial hemp and its derivatives, so long as they contained 0.3% or less THC. South Dakota’s laws clashed with federal guidelines.
  • In 2019, state legislators passed legislation (HB 1191) to legalize industrial hemp, but the bill was vetoed by the governor. Furthermore, the state attorney general stated that hemp and all types of CBD oil were illegal. Switchback #2.
  • The same year, SB 95 passed. This law reclassified CBD from being a Schedule I to a Schedule IV controlled substance. Rescheduling CBD essentially decriminalized it a bit. Possession severity was reduced, but possession remained a felony and living in a place where there are illegal controlled substances stayed a misdemeanor. (Somehow this sounds like progress, but doesn’t necessarily feel like it. )
  • Finally in 2020, the state government enacted HB 1008. This law legalized growing, processing, and transporting industrial hemp with 0.0-0.3% THC. A license is required and the program should be in full swing for the 2021 growing season. Unfortunately, this legislation didn’t specify if CBD products are covered — hence the enduring questions over their legality.
  • Measure 26 (legalizing medical marijuana) and Constitutional Amendment A (legalizing recreational marijuana) were approved by voters in the 2020 election. A February 2021 court ruling overturned the constitutional amendment, declaring it unconstitutional (Switchback #3). The governor issued a statement in February 2021 saying the rollout of the medical marijuana program would be delayed a year, to 2022 (Switchback #4). The South Dakota Cannabis program has officially been launched and the first cannabis establishment registration certificates have been issued, so get ready, SD!

How To Legally Purchase CBD Products In South Dakota

South Dakota is not exactly a CBD-friendly zone. (Sad face!) As such, your source for CBD products is most likely limited to the virtual marketplace. You still have a ton of shopping alternatives, but be sure to purchase from a reputable retailer. Also — given the squishy legal status of CBD oil in South Dakota, proceed with care.

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Can You Buy CBD At Brick & Mortar Stores?

Because CBD isn’t unambiguously legal in South Dakota, you may not find CBD items locally. There aren’t any dispensaries (yet); your pharmacies, health food stores, etc. probably won’t carry CBD-infused products. If you want to purchase CBD goodies, you’ll need to go a different route.

When the medical marijuana program launches, qualifying patients will be able to purchase medical cannabis at licensed dispensaries.

Can You Buy CBD Online?

Even though CBD itself is questionably legal in some states, it’s definitively legal to mail hemp-derived CBD oil with 0.0-0.3% THC to every state in the Union. This is because federal law deems compliant CBD as legal in all 50 states.

This may be kind of bizarre, but welcomed news for folks in South Dakota. You can’t get CBD at a local store, but you’ve still got options. Thanks internet!

You can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with South Dakotans near you:

Where to Buy CBD in South Dakota in 2022

People all over the United States have been turning to CBD as an effective way to treat pain, anxiety, inflammation, nausea, and more.

The CBD industry is relatively new and unregulated. The laws regarding CBD are still developing, which means that it can be challenging to find a reliable, legal supplier for all your CBD needs.

As a general rule, it’s easiest to buy your CBD through a trustworthy online store.

Before we dive into finding high-quality CBD locally and online, you need to be aware of the laws regarding marijuana products in South Dakota.

6. All Cannabis Products Legal

Table of Contents

Buy CBD in South Dakota:

  • Royal CBD Oil— Best CBD Oil Overall
  • Gold Bee CBD Gummies— Best CBD Gummies
  • CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
  • Industrial Hemp Farms— Best CBD Flower
  • Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs

Is CBD Legal in South Dakota in 2022?

Despite South Dakota’s strict marijuana laws, it’s still possible to purchase CBD. However, South Dakota authorities have been cracking down on local suppliers, which means you may have trouble finding a source of CBD nearby.

There has been a lot of controversy regarding CBD in South Dakota. In 2017, the state passed Senate Bill 95, which rescheduled CBD as a Schedule IV drug. Under Senate Bill 95, the Food and Drug Administration must approve CBD.

Schedule IV Drugs, Defined by the Controlled Substances Act:
  • Are unlikely to be abused.
  • Have an accepted medical application in the United States.
  • Can lead to limited physical or psychological dependence.

This seems to be in direct conflict with federal laws. In 2018, the Federal Government made changes to the Farm Bill, which made industrial hemp legal to produce for commercial and research purposes.

Industrial hemp has almost no use as a recreational drug because it contains minimal THC. THC is the active ingredient in marijuana that gets the user high.

Under the 2018 Farm Bill, the Federal Government has allowed farmers to grow industrial hemp to produce clothing, food, fuel, paper, and extracts such as CBD.

So, South Dakota laws don’t necessarily agree with federal laws. In March 2019, Governor Kristi Noem vetoed the legalization of hemp.

Therefore, CBD is currently in a legal gray area in South Dakota. With that in mind, you’ll still be able to find CBD sold over-the-counter and online in South Dakota.

Is Marijuana Legal in South Dakota in 2022?

Unfortunately, South Dakota punishes marijuana possession quite severely. Both, recreational and medicinal marijuana, are illegal in the Mount Rushmore State.

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Could these laws change soon?

In 2021, South Dakota implemented SDCL 34-20G, legalizing medical marijuana. A bill passed that would have legalized recreational marijuana, but the state Supreme Court ruled against it due to technical violations. Advocates will try again, so maybe the state will see legalized marijuana in the near future.

This is relatively typical in midwestern states — out of all them, only Michigan has legalized recreational marijuana. Many others have limited medical marijuana programs, but in South Dakota, Nebraska, and Kansas, marijuana remains completely illegal.

Therefore, if you’re interested in legal recreational marijuana, you’ll have to make the short 570-mile drive to Colorado.

Marijuana Possession Penalties in South Dakota

If caught with marijuana in South Dakota, you could be looking at jail time and fines.

Possession of two ounces or less is a misdemeanor and can lead to a year in prison with a fine of $2000.

Between two ounces and half a pound, possession becomes a felony. You could receive up to a year in jail and a fine of $4000. Beyond half a pound, you’re looking at five years in jail and a $10,000 fine.

Possession of hash or concentrates is especially severe. If caught with any amount of hash, you face a felony punishable by ten years in prison and a fine of $20,000.

Growing marijuana is also illegal. If you’re caught, it’ll be treated as possession based on the weight of the plants.

It’s also illegal to be in a room where marijuana is being used or stored; this is a misdemeanor with a possible sentence of one year in jail and a $2000 fine.

In short, don’t get caught with weed in South Dakota unless you like fines and small, enclosed spaces.

So, how does CBD fit into South Dakota law?

How to Buy CBD Safely in South Dakota

There are a few things you need to know in order to protect yourself from untrustworthy companies.

1. Know What to Look for

Not all CBD products are equal, and it’s important to know the signs of a bad company and low-quality products.

Don’t buy CBD from a company that claims CBD can work miracles.

Thousands of people across the United States are using CBD to treat medical conditions such as cancer, epilepsy, multiple sclerosis, and HIV/AIDS, among others. CBD will help patients manage their symptoms but won’t provide a cure to these conditions overnight. Don’t trust a company that claims otherwise.

Only order from companies that can provide third-party laboratory results.

Third-party labs can test products to see if the amount of CBD they contain matches the amount advertised. The Food and Drug Administration has found that many companies are selling products with almost no CBD at all. These labs can also make sure that your products are free from unwanted chemicals, including solvents and pesticides.

Buy full-spectrum CBD products.

CBD products labeled as full-spectrum include additional cannabinoids, terpenes, flavonoids, and other compounds. These add their own unique benefits, but also boost CBD’s benefits.

CBD made with CO2 extraction is considered to be of the highest quality.

CO2 extraction doesn’t need special solvents or heat to produce CBD; this means that the extraction process keeps the CBD as clean and pure as possible. Companies that use CO2 as their extraction method are usually committed to quality — especially when you consider that there are far cheaper extraction methods.

Double-check the THC content.

Industrial hemp CBD should have a THC content of no more than 0.3%. This type of CBD is legal in the eyes of the Federal Government. Remember that CBD is currently in a legal gray area in South Dakota. Making sure that the THC content is as close to 0% as possible will go a long way in protecting you from legal consequences.

Taking these steps before purchasing CBD in South Dakota is extremely important. This guide will increase your chances of finding high-quality CBD faster. It’ll also help you avoid trouble with the law.

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NOTE: CBD is listed as a Schedule IV drug in South Dakota. Although federal law states that CBD is legal to possess and consume, you can still face legal repercussions in South Dakota.

If you’re ready to find out how to buy CBD in South Dakota, the next section will point you in the right direction.

2. Shop Online for CBD

It’s important to know where the CBD came from and what’s in it. Because of this, it’s always safer to buy CBD online. It doesn’t take long to look through a company’s website to see if there are third-party test results and products you need that fit your budget. There are many reputable and trustworthy online vendors, so you’ll be able to find all kinds of CBD products.

Online shopping is more convenient in general, but when it comes to CBD, it’s almost a necessity. It’s easier and cheaper, but ultimately it’s a matter of safety.

Still, there might be a time when you need to find CBD locally. If you find yourself in that situation, check out one of the stores below.

Is Delta 8 THC Legal in South Dakota in 2022?

You can legally use delta 8 THC in South Dakota.

If you don’t qualify for the medical marijuana program, try delta 8. Many people turn to it for relief from various health problems, even if they have access to legal marijuana. The effects are similar, but the high is milder, making it ideal for those that don’t want the high. Note: delta 8 is psychoactive, but it’s less potent than THC. Small amounts can go a long way.

Where to Buy Delta 8 THC

Buying delta 8 is similar to buying CBD — it takes the same diligence.

Even if you never come across a dangerous product, you still want the best. This is especially true if you’re using it for medicinal purposes. If you’re buying low-quality products, they won’t be as potent as they could be and likely won’t be effective. Give yourself the best shot possible for relief and go with quality.

To find the best, start with third-party testing. These provide proof of the product’s purity and let you know how much delta 8 is in there.

To make it easy, shop online. The following reputable vendors have COAs (certificates of authenticity) readily available and are open about the hemp source:

Shopping online also gives you other benefits, like lower prices and a vast selection to choose from.

Recommended CBD Retailers in South Dakota

Sioux Falls

Rapid City

If you live outside of Sioux Falls or Rapid City, your best bet is to try your local vape shop. Better yet, place your order online.

It’ll probably be hard to find CBD locally, and you run the risk of getting into trouble with the law.

Final Notes on Buying CBD & Delta 8 THC in South Dakota

South Dakota probably has the strictest laws regarding CBD in all of the United States. The State Government currently lists CBD as a Schedule IV drug.

Although CBD is legal to produce, possess, and consume under federal law, you’ll need to be extra cautious in South Dakota. This is a rare case where CBD laws are tighter at the state level than at the federal level.

For now, delta 8 THC is legal in South Dakota; you can find it easily even if you are worried about buying CBD or don’t qualify for the medical program.

Your best chance for finding high-quality CBD and delta 8 in South Dakota is to place your order online. This way, you know for sure the products are safe and abide by local laws.

Until the laws relax in South Dakota, you likely won’t be able to find CBD sold locally.

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