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


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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.

Where to Buy CBD Oil in South Dakota and Benefits of Buying CBD Oil Online?

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You need to practice extra caution if you’re planning to buy CBD oil anywhere in South Dakota and take note of what is constituted as a legal sale and what isn’t. Hence, in this state, there are no legal dispensaries that sell medical CBD because it is still considered illegal. However, they do sell Epidiolex because the FDA recognizes it. 

Commercial sell for CBD oil may be booming in other parts of the United States, but not in South Dakota. Even so, there are a few pharmacies and convenience stores that display CBD oil but very careful about the brands they sell. Sellers are less likely to put CBD products on their store shelves conveniently.

This is the way you should opt for online buying. You have a better chance of getting CBD oil in online stores. Even if you find a local store in the state that sells CBD, you could be breaking the rules and possibly subjecting yourself to possible repercussions.

With CBD supplies scarce in South Dakota, you are more likely to buy a product that meets your requirements online. Buying online will save you the horrors of having to face the law in South Dakota.

Bottom Line

South Dakota is no close now to loosen their chokehold on CBD or cannabidiol-derived products like they did in 1977. Hence, until there is a light to that possibility, you should be wary of buying CBD oil across the state. It is best to be informed and vigilant about buying CBD anywhere in this state. We recommend that you buy online and have it safely delivered to your doorstep.

Frequently Asked Questions

Can Doctors Prescribe CBD Oil in South Dakota?

No. South Dakota doesn’t allow doctors to prescribe CBD oil or medical marijuana because they are still included in Schedule 1 drugs. Drug stores are also not allowed to distribute these products even to those diagnosed with a condition, including a severe form of epilepsy.

Can I Buy CBD Online in South Dakota?

Absolutely. Online stores are the quickest way to purchase and secure CBD oil products, which is legal according to federal law. If you buy from anywhere in the state, you should have no legal issues regarding delivery and shipment. There haven’t been any reports of people arrested for consuming CBD oil as long as it’s in their private homes.


  • Attorney General SD: Attorney General Ravnsborg Clarifies Questions Regarding Industrial Hemp and CBD (Cannabidiol) Oil

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Health Canal avoids using tertiary references. We have strict sourcing guidelines and rely on peer-reviewed studies, academic researches from medical associations and institutions. To ensure the accuracy of articles in Health Canal, you can read more about the editorial process here


Written by:

Keith Myers

Medically reviewed by:

Keith J. Myers is Editor in Chief of the Health Canal. He has overseen and directed the editorial growth and skill of this website since 2012. Before joining Health Canal, Keith was a writer and editor who covered topics in CBD, health, science, and wellness.

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