CBD oil in South Dakota, Is it legal?

CBD oil in South Dakota

CBD oil in South Dakota

CBD, which is short for cannabidiol, can be found in edibles, drugs, cosmetics, and other products. Cannabidiol is extracted from hemp or marijuana, with a small amount of THC added to it to boost its healing properties. The quantity of THC frequently added is between 0.3% and 0.6%. Unlike marijuana, CBD does not create or give the euphoric effect that is typically associated with taking unadulterated marijuana. That begs the question, Is CBD oil in South Dakota legal?

How is CBD oil made?

CBD oil is made by diluting or infusing the CBD in a carrier oil such as the hemp seed oil or coconut oil. Olive oil is sometimes used as well. CBD oil made from essential oils should be avoided unless they are to be added to your cosmetics or are to be used topically. Ingestion of it can make you sick or cause temporary confusion.

How do I choose the right CBD oil?

It is often advised to go through a recommended and authorized vendor who could also have a license to sell you the CBD oil. This is to avoid purchasing a diluted mix of the oil that could make you high or trigger your allergies. In choosing the right CBD oil, the following points should be considered:

  • Go for the dark bottles: Dark bottles protect the CBD oil from degradation that may be associated with the sun’s rays hitting a clear or transparent bottle. With a dark bottle, you are sure that deterioration of the oil content is slowed down.


  • Check THC levels: Always make sure the THC level is not above what is recommended or required. The average level of THC in any CBD oil for consumption is between 0.3% and 0.6%. This is usually advised so that you can avoid your allergies shooting up and to avoid the euphoric effects that come with taking CBD oil with a high THC content.


  • Price: We are all for minimizing costs and maximizing our satisfaction, but you should also know that cheap isn’t always the best. Pricier items are pricey for a reason. One of such is that you are assured of the originality and authenticity of whatever product you are using. Cheap products are what they are, dirty and often fake.

More Choices:

  • Dates of manufacture or extraction: In the consumption of products, fresh products are always the best as their contents aren’t stale. Choose a CBD oil that has the newest dates. Always lookout for the manufacturer’s date to ascertain when it was extracted or made.


  • Lab accreditation: Go for CBD oil with a lab accreditation so that you are assured that it is safe and tested for your use. In addition, free from any metals, germs or pesticides that could be harboring in oils that are made in unaccredited areas or laboratories


  • Concentration: You should always consider the strength of your CBD oil. For a chronic condition, a higher dosage would be required, and for mild illnesses, a lower dosage. Taking too much of the CBD oil can make you sick.


What is the CBD oil used for?

CBD oil in South Dakota

CBD oil is used to treat a variety of diseases that includes:

  1. Alzheimer
  2. Acne
  3. Inflammation
  4. Cancer
  5. Arthritis
  6. Rheumatism
  7. Seizures
  8. Liver disease
  9. Kidney disease
  10. Insomnia


Is CBD oil legal in South Dakota?

Unfortunately, CBD oil is not legal in South Dakota and is still regarded as a controlled substance. It is no news that CBD was legalized as a medical drug in fifty states of the United States. The issue comes in when these states are given the authority as to what they can interpret as being legal and illegal. South Dakota offers the same treatment they give to people caught with marijuana with people caught with CBD. It doesn’t matter if the THC level in them is at 0.3% or even below. The legality of it is still treated as a grey area. Most people would rather avoid than cross.

On March 25th, 2019, there was a response to questions regarding the legality of marijuana, THC, and CBD based products. The attorney general of the state, Jason Ravnsborg, issued a statement that said that all the products above and drugs were still illegal in the state. The farm bill of 2018 had just been passed, but that still doesn’t mean that drugs or products containing CBD were legal.

Possession of CBD, as you may now guess, is being treated as a misdemeanor. This misdemeanor could get you arrested and charged in court with a felony of possession.

More legality

At this point, you may be wondering why the farm bill act of 2018 is not being referred to in the court. What you may not understand at this point is that CBD wasn’t explicitly mentioned or defined in the bill. States have the power to either accept or reject policies in the farm bill.

In April 2019, Bernard David, aged 57, became the first person to be arrested after being searched and found to be in possession of CBD. This came just after Ravnsborg’s statement concerning CBD oil.

Some efforts are being made to clarify the issue of the legality of the CBD oil. However, at this time, there hasn’t been anything said regarding it. There had been talks about a bill being drafted that will legalize the use of the CBD oil in SD. However, it is what it is, all talks.

You have to be extremely careful when it comes to the possession of CBD oil in the state. In fact, not even a reference to the farm bill of 2018 will save you in the eventuality of you being caught with having CBD. Lawyers would always stand their grounds on the facts that states are given the right to either reject or accept the policies. These policies are put forth by the bill. You can consume the products outside the state and within the state are the same. They will be seen as contraband and is under the controlled substances schedule of the state alongside marijuana and a host of other drugs.


What does it mean for business-people and farmers of the state?

CBD oil in South Dakota

Since CBD has been explicitly defined as being illegal, a lot of businesses have folded up since there is no future for it in the state. They won’t give licenses to vendors to sell the products over the counter as it could get them arrested. In fact, neither will they provide permits for farmers to grow it. This means reduced income and leakage in the economy of the state. Revenue that could have been accrued from taxes that would have been imposed on the products, whether direct or indirect taxes, has been reduced.

Senate bill 96 is a bill that the state is trying to pass, which could mean that CBD would be made legal in the state. Once the bill is passed and enacted, it will eliminate the FDA approval before the citizens of the state can purchase or use the oil. It also means that wholesalers and retailers can sell CBD products and oils without the fear of it being seized by authorities. The bill is the future of CBD in the state for now.

If traces of CBD are found in my system during a drug test, will I get arrested?

CBD oil in South Dakota

Typically, CBD shouldn’t show up during your drug test, but sometimes it does show up. If you are in any of the fifty states that have legalized the use of CBD products, then you shouldn’t be worried. If you are in South Dakota, then it could be a problem for you if the authorities are involved. You could get arrested and prosecuted for it. It is best to avoid it completely pending whenever the senate bill 96 will be passed into law.


Can I take CBD oil if I am outside the state of South Dakota?

If you are within the fifty states which have legalized the use of CBD, then you are safe to use it. It should be worthy to note that there are some states that does not sanction the consumption of CBD. Unquestionably,  you should carry out your research when it comes to the legality of it in any state you might find yourself in.

Final thoughts on the use of CBD oil

We only hope that the government does something soon about the legality of the use of CBD in South Dakota. CBD has been praised for having healing potentials, especially when it comes to some particular ailments. It would be excellent and satisfying if people have ready access to CBD products. In fact, access without them being scared of it getting seized or arrested. They should instead regularize the THC level in the oil to avoid abuse of it. In fact, they should put an age restriction on who can and who cannot buy the product. A doctor’s prescription could be required. However, the ban on it being used entirely is dampening on the state as a whole. It should be a matter that should be taken care of as soon as possible.

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