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is cbd oil legal in south dakota 2021

CBD Oil South Dakota 2021: Is CBD Oil Legal In South Dakota?

cbd oil south dakota

Since the 2018 Farm Bill that legalized industrial hemp, many states in the USA have embraced the ruling and opened their state doors to the world of CBD oil and other hemp-derived products. More and more states have legalized CBD oil, and federal regulations towards consumables made of cannabis have loosened.

However, CBD oil or cannabidiols are still not legal everywhere. South Dakota is among the states that are late when it comes to implementing laws that legalize medical and recreational marijuana use. In fact, South Dakota is considered to have the harshest laws in the United States regarding CBD. Hence, here are a few things you should know before buying CBD oil and Cannabidiol related products in this Beaver State.

Is CBD Oil Legal in South Dakota?

No. CBD oil and other cannabidiol extracts are illegal in South Dakota. The story of cannabis legalization in South Dakota goes back to 1977 when the whole country was going through a decriminalization wave. South Dakota, at the time, joined by legalizing marijuana, but that didn’t last long because soon after, the regulations that had outlawed cannabis was implemented again.

Three decades after that, a large initiative on legalizing cannabis was initiated in 2006 with the intent of decriminalizing marijuana. The ballot initiative suggested that people, who complied with the specific medical requirement, including minors, could grow up to six marijuana plants. Minors were to have medical consent, of course.

Consumers were to have the right to possess at least one ounce of the cannabis Sativa plant. However, the 2006 ballot initiative was voted out, with a majority of the voters voting against it. Another initiative was started four years after that.

The initiative was as a result of supporters asking for a change in the regulations. The intention was to legalize cannabis and its by-products like CBD oil in South Dakota for growing, possessing, distributing, and using with the condition of registering with the State Department of Health.

However, at the time, cannabis products weren’t as popular as they are now, and so the public wasn’t well-informed about the benefits of the plant. Unfortunately, in 2010 the initiative was defeated by a significant margin on the ballot.

There were two following initiatives in 2016 and 2018, and none of them even qualified for the ballots. However, in 2017, South Dakota enacted a state law that strictly regulated CBD or cannabidiol. CBD was removed from the legal definition of marijuana. However, unlike other states, state law failed to convert it into an over-the-counter product.

Hence, due to Senate Bill 96, CBD is considered a Schedule IV drug in South Dakota. Therefore though CBD oil has a low potential to be abused, unless approved by the FDA or the Food and Drug Administration can’t be sold freely.

Though the 2018 Farm Bill made hemp legal, it doesn’t give full clearance for South Dakota because of their conflicting legislature. This means that the CBD laws in South Dakota are in the gray area. While Hemp-derived products are legal, several prosecutors in the state have opposing regulations regarding CBD.

While CBD legality is still up for consideration, it looks like it remains illegal indefinitely. This means that you can’t take, possess, sell, or give CBD oil as a gift in this state. If found to possess CBD oil and other related products, you could face a massive fine of about $2000 and one-year imprisonment.

However, even with the murky regulations of CBD oil in South Dakota, users all over the state are praising CBD’s work in alleviating symptoms and medical issues as Crohn’s diseases, severe nausea, Huntington’s disease, Hepatitis C, anxiety, HIV/AIDS, insomnia, glaucoma, diabetes, depression, cancer, PTSD, and more.

Why You Should Buy CBD Oil South Dakota Online?

In light of the contradicting laws of buying CBD oil in South Dakota, your safest option would be to buy online. It’s also your more favorable because you get to scrutinize the packaging and make sure you’re not buying counterfeit products.

You will also make sure you get high-quality products by knowing the retailer before buying, asking where the product was manufactured, and check their independent testing of the product. You also get the chance to read the customer reviews and learn more about the product without an additional charge.

Looking to buy CBD oil South Dakota but not sure of the law enforcement allows it? Read on to find out if CBD oil is legal in South Dakota 2021.

Is CBD legal in South Dakota?

Is CBD legal in South Dakota

In South Dakota, hemp-derived CBD is still illegal. South Dakota’s CBD laws are especially strict (even compared to Idaho or Indiana) but the state makes some exceptions for certain medical CBD products such as Epidiolex. Epidiolex is the only legal form of CBD in South Dakota. To be able to purchase it, it’s necessary to have a prescription from a licensed physician.

Is Cannabis legal in South Dakota?

Cannabis is illegal for medical and recreational use. South Dakota may have the nation’s harshest marijuana possession laws. However, cannabis will be legal for both medicinal and recreational use on July 1, 2021.

How old do I need to be to consume? Possession limit for Flower Possession limit for Concentrates
N/A Recreational
N/A Medical
N/A Recreational N/A Medical N/A Recreational N/A Medical

Are there any penalties for using Cannabis in South Dakota?

Possession of just a small amount of marijuana in South Dakota carries a potential penalty of year in jail and a $2,000 fine.

Possession of non-FDA approved CBD in South Dakota is illegal. But the penalty for possession differs from marijuana and THC products. If found to possess CBD oil and other related products, you could face a massive fine of about $2000 and one-year imprisonment. Possession of just a small amount of marijuana in South Dakota carries a potential penalty of year in jail and a $2,000 fine.


CBD and Cannabis is illegal in South Dakota and can lead to harsh penalties if you’re caught. However Cannabis will be potentially legalized in 2021.

South Dakota has the strictest laws when it comes to CBD and cannabis. Only very few excecptions can be made.