Is CBD Legal in South Dakota?

by in US Law September 26, 2019

South Dakota is not as cannabis-friendly as it’s sister state, North Dakota. Instead, South Dakota is known for its strict marijuana laws. A possession charge in the state of South Dakota holds a penalty of up to five years in jail.


In the Mt. Rushmore State, it is vital to know the laws surrounding cannabis, and it is important to understand the difference between THC and CBD.

  • CBD is short for cannabidiol. 
  • CBD is a compound that is derived from the cannabis plant. 
  • Unlike THC, short for tetrahydrocannabinol, CBD is non-psychoactive. 
  • CBD products do not cause individuals to experience a euphoric sensation.

Furthermore, CBD is derived from a specific strain of cannabis. This strain is known as industrial hemp or Cannabis Sativa L. Industrial hemp has non-detectable THC in it.

Studies have linked the use of CBD products with the successful treatment of various chronic pain and inflammation conditions. Some of these conditions include the following:

  • Arthritis
  • Muscular Sclerosis
  • Back Spasms
  • Chronic Back Pain
  • Various Inflammation
  • Insomnia

South Dakota Law and CBD

South Dakota has attempted to modernize their laws regarding CBD products.

Senate Bill 95 was passed in 2017. With the passage of this bill, three things changed. The first thing that changed was that South Dakota changed its legal definition of “marijuana”. This change led to cannabidiol not being included in the same possession laws as marijuana. This means that those who are under the possession of CBD products do not face the same penalties that are tied with possession of marijuana.

Secondly, the bill formally recognizes CBD to be a schedule 4 controlled substance in the state of South Dakota.

Finally, CBD products are only protected if they are FDA approved and thus physician prescribed.

Recently, in the state of South Dakota, the FDA approved a product called Epidiolex. Epidiolex is an oromucosal spray that is produced by GW Pharmaceuticals. This CBD product is used to treat intractable epilepsies in the United States and because this product is FDA approved it is available for purchase in South Dakota.

Even though the Farm Bill of 2014 and 2018 legalized the cultivation of industrial hemp, many states are just not totally on board yet.

The Bottom Line

South Dakota is a perfect example of the varying differences between states in regards to CBD laws. While many states are still behind on legalizing CBD products, the acceptance of CBD and industrial hemp has come a long way in just a few short years.

For those who wish to use CBD products, you must stay up to date with the ever-changing laws associated with CBD, especially in states that contain strict laws regarding cannabis.

Author: Leafwindow Team

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