December 28, 2020 6 min read

A map with a thumb tack marking 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:

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.

Key Takeaways

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.

That’s not all—

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.

Two varieties of CBD oil, which may be easily found but are not well regulated in South Dakota

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?

A close up of a CBD dropper filled with oil, one of the most popular legal forms of 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.

Resources

  1. “Hemp Farming Act of 2018” https://www.congress.gov/bill/115th-congress/house-bill/5485
  2. “HB 1191” https://sdlegislature.gov/#/Session/Bill/9905
  3. “ATTORNEY GENERAL RAVNSBORG CLARIFIES QUESTIONS REGARDING INDUSTRIAL HEMP AND CBD (Cannabidiol) OIL” https://atg.sd.gov/OurOffice/Media/pressreleasesdetail.aspx?id=2167
  4. “HB 1008” https://legiscan.com/SD/text/HB1008/2020
  5. “USDA approves South Dakota’s industrial hemp plan” https://www.aberdeennews.com/farm_forum/usda-approves-south-dakotas-industrial-hemp-plan/article_126fb884-0ff4-11eb-8658-670476b4cf1e.html#:~:text=South%20Dakota%20farmers%20will%20be,the%20USDA%20in%20early%20August.

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