We have seen people wondering about South Dakota’s CBD laws quite a bit, and we understand why that’s the case. Well, CBD is illegal in South Dakota. Technically, you should be able to buy it, and retail stores should be able to sell it without worrying.
However, South Dakota has taken a different path than most of the other states. They’ve decided that federal law only legalizes the production of hemp plants, and they don’t care if you get to use CBD oil. That might change within a few months, or it might stay this way for years. Either way, we’re going to break the laws down to help you understand where South Dakota stands on CBD.
To start off, CBD isn’t technically outlawed in South Dakota. The state is just treating it that way, and they have no right to. The federal government has already made it legal, and many interpretations of the federal laws have determined that CBD oil and CBD oil products are perfectly legal.
That doesn’t mean much for you, though. If the state is arresting people for it, you might as well say it’s illegal.
This all has to do with the 2018 Farm Bill. We have mentioned several different times that the bill is difficult to understand, and we’ve acknowledged that it has caused a ridiculous amount of confusion.
Most states have interpreted the law in a positive manner. While you can’t buy CBD consumables in all states, you can at least get a hold of CBD in some form in the majority of states.
South Dakota officials have decided that the 2018 Farm Bill only legalizes hemp production and hemp seeds. They don’t see hemp-derived CBD as a legal product.
This has caused quite a bit of controversy. Before the state’s decision was made, stores were selling CBD in the same way that you can expect to see the products sold in other states. The products had a very limited amount of THC in them, and they never claimed to have therapeutic benefits or dietary benefits.
After South Dakota officials declared it illegal, nearly every store owner pulled the products from their shelves immediately. However, that doesn’t mean you can’t still find the products in a few stores.
Some store owners have decided to ignore the law. They say it is their right to sell the products because of the 2018 Farm Bill. However, that doesn’t mean that they’re safe from law enforcement.
South Dakota law enforcement officers have continued to press charges against store owners that illegally sell the products, and they also confiscate their products and communication systems.
Store owners and consumers are unlikely to face any consequences, though. The majority of prosecutors have decided that they will not pursue any charges against people who are selling or buying CBD products. They simply can’t find anything within the state’s records that makes the sale or use of such products illegal, and they feel as if South Dakota officials need to immediately create laws that clearly legalize CBD in the state.
As more pressure is placed on South Dakota’s officials, CBD oil becomes more likely to be legalized in the state.
We still suggest staying away from CBD, though. There are still a few prosecutors that are willing to pursue charges, and even if the prosecutor you face refuses to, you’ll still be responsible for court costs, and you’ll probably lose any products that you have. It’s simply not practical for stores to sell the products in South Dakota right now.
Like usual, the federal government is to blame for South Dakota’s issues. It’s true that South Dakota could choose to behave like other states, but the core of the problem is the 2018 Farm Bill.
When you look at the bill, it just says that industrial hemp programs and hemp-derived products are legal. It leaves everything else to the FDA and state officials. That’s why South Dakota has been able to ban something that is legal practically everywhere else.
When you look at South Dakota’s reasoning behind their CBD ban, you see that the people in charge blame the wording of the 2018 Farm Bill, and they’re choosing to enforce the ban to prevent backlash from the FDA. If the federal government simply says that CBD oil is legal in very clear terms, no state will be able to ban it, and consumers will have a reasonable amount of access to CBD regardless of which state they live in.
The wording of the 2018 Farm Bill has caused issues in other states, too. Texas seems to have several different opinions on the matter depending on which county you’re in, North Carolina has enforced some crazy restrictions, and Nebraska has been extremely negative about the sale of CBD products. Even Louisiana has had to make some controversial decisions about its CBD industry.
Traveling between states presents a number of unique challenges, too. CBD might be legal on the federal level, but the varying laws among states makes it nearly impossible for someone to travel between states without doing a lot of research before starting a trip. For instance, if you want to go from California to Illinois, you won’t just have to research the laws of both states. You’ll have to research the laws of every state that your route will take you through. That’s the only safe way to travel with CBD products. Plane travel has gotten more difficult, too. The TSA had to ban all products that aren’t approved by the FDA, and the FDA doesn’t want to approve anything besides prescription-grade products.
Overall, the federal government just hasn’t put a lot of effort into ensuring that every state will properly legalize CBD. Some states have prevented its sale, some have just slapped a bandage on the problem, and some have gotten behind CBD so much that they blatantly ignore the federal government’s restrictions.
That leads to some states being CBD-friendly, but it allows other states to prevent citizens from enjoying the positive benefits of CBD. Until the federal government makes some major changes to its approach, these problems will persist.
Why CBD Should Be Legal In South Dakota
If you look at other pages on this site, you’ll notice that this is usually the section that we dedicate to highlighting a state’s best products. However, we can’t do that with South Dakota because of the unreasonable ban they have in place. So, we’ll dedicate this to busting some of the myths that have held CBD back.
First, a lot of people think it’s like smoking weed. That’s simply not true. Most CBD products aren’t inhaled or consumed in any way. The majority of products are creams or other topical solutions. What’s even better is that none of them get you high. There’s almost no THC in CBD oil, and the tiny amount that is there can’t affect you. It doesn’t even show up on a drug test.
Even the items that resemble THC products are nothing like their marijuana counterparts. Hemp cigarettes don’t provide any psychoactive chemicals, and vape juice with CBD oil in it doesn’t look or smell like THC oils.
Another common myth is that CBD is simply a placebo, and the people who buy it are just falling for the hype that it’s generating. That’s not true. We might not have much evidence supporting its ability to treat or cure illnesses such as schizophrenia, bipolar, anxiety, and other mental disorders, but we have proven that it’s an anti-inflammatory, and we have proven that it helps with epilepsy. We haven’t proven the other claims because the FDA won’t bother to run tests, but there are millions of people supporting the claims, and the claims are expected to be proven within a few years.
Finally, the price of CBD products has garnered some attention. Some people claim that they’re too expensive considering a lot of the benefits are just claims at the moment. It is true that CBD-infused products cost more than non-CBD variants, but you have to look at the reason behind that.
Hemp is a new agricultural product in the United States. New products are always more expensive than products that have been around for a while. The constant battles that manufacturers must wage against the FDA also drive up prices.
So, CBD products are typically more expensive. However, none of them usually cost more than $20, and you’re not supposed to use them very frequently.
CBD should be legal in South Dakota. In fact, it should be legal in all 50 states. However, muddy wording in the 2018 Farm Bill has made it possible for some states to deny consumers the right to buy CBD products.
Unfortunately, South Dakota is one of those states. You can help solve this problem by contacting your state representatives, and you can pressure your local mayors to take the fight to South Dakota’s highest form of government, too.