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The 2018 Farm Bill legalized hemp nationwide, but each state set its own laws on hemp and CBD. South Dakota was initially resistant, but the state is now implementing a USDA hemp plan.
Is CBD legal in South Dakota? Yes, CBD is legal in South Dakota, but with restrictions on which products can be made, sold, and used.
Before purchasing CBD oil in South Dakota or hemp flower in Sioux Falls, it’s essential to understand South Dakota CBD laws to ensure compliance and safety.
Looking for premium CBD you can buy in South Dakota? Check out our Vitality Collection.
Table of Contents
Legal Concerns About CBD
What are the CBD laws in South Dakota?
Is full spectrum CBD legal in South Dakota?
Does South Dakota have a CBD possession limit?
Do you need a prescription for CBD in South Dakota?
Where to buy CBD in South Dakota?
Do you have to be 21 to buy CBD in South Dakota?
Is CBD legal in all 50 states?
Resources
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.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
South Dakota legalized hemp and CBD products with less than 0.3% THC in 2020 under HB 1008, but smokable products like hemp flower remain prohibited.
Here are the details:
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.
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.
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.
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.
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.
CBD in South Dakota is accessible to all ages, though products like smokable hemp flower or vaporizers may not be suitable for everyone.
There are no state-imposed age restrictions for buying CBD, but vendors often set their own limits, typically requiring buyers to be 21, similar to tobacco regulations.
Many CBD brands allow customers 18 and older to purchase and ship legal CBD products to South Dakota.
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.
Yes, CBD gummies are legal in South Dakota as long as they are derived from hemp containing less than 0.3% THC, in compliance with federal law. However, certain CBD products like smokable hemp flower are restricted.
CBD is mostly legal across the U.S., but a few states still impose restrictions or bans. States like Idaho and Nebraska have stricter regulations, where CBD is only allowed with 0% THC, making it harder to find legal products.
No, Delta-8 THC is illegal in South Dakota. The state considers Delta-8 to be a controlled substance, and its sale or possession is prohibited.
Yes, you can carry CBD gummies in South Dakota as long as they meet the legal requirement of containing less than 0.3% THC. Always check local laws when traveling out of state.
Yes, CBD products that comply with federal law (less than 0.3% THC) are allowed through airport security by the TSA. However, it’s important to verify the CBD laws of your destination before traveling.
Research suggests that CBD may help reduce anxiety in some individuals, but its effectiveness varies. It’s important to consult a healthcare professional before using CBD for anxiety management.
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