Is CBD legal in South Dakota?

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Understanding the Legal Status of CBD in South Dakota

With the growing popularity of Cannabidiol (CBD) products nationwide, it's crucial to understand the legalities surrounding these products in each state. In this article, we will explore the legal status of CBD in South Dakota, a state known for its stringent laws regarding cannabis and its derivatives.

The Federal Law and the 2018 Farm Bill

Before we delve into South Dakota's specific laws, it's important to understand the federal law. The 2018 Farm Bill, signed into law by President Donald Trump, removed hemp from the Controlled Substances Act, effectively legalizing hemp and its derivatives, including CBD, at the federal level. However, the bill stipulates that the hemp must contain less than 0.3% THC (the psychoactive component of cannabis).

South Dakota's Stance on CBD

Despite the federal law, South Dakota has maintained a strict stance against CBD products. In 2017, the state passed Senate Bill 95, which removed CBD from the state's definition of marijuana only if it was approved by the FDA. At that time, no CBD products had received FDA approval, rendering CBD illegal in the state.

The Epidiolex Exception

In 2018, the FDA approved a CBD-based drug called Epidiolex, used for treating severe forms of epilepsy. As a result, Epidiolex became the only CBD product legal in South Dakota, given its FDA approval.

Recent Developments

However, the legal landscape regarding CBD in South Dakota is evolving. In 2020, South Dakota voters passed Measure 26 and Constitutional Amendment A, legalizing medical marijuana and recreational marijuana, respectively. However, these measures have faced legal challenges, and as of now, the implementation of a medical marijuana program is underway, but the legality of recreational marijuana is still in limbo.

What Does This Mean for CBD?

While these measures primarily concern marijuana, they could potentially impact the legal status of CBD in South Dakota. However, as of now, the state has not provided clear guidelines regarding CBD products derived from hemp.


In conclusion, the legal status of CBD in South Dakota is a complex issue. While federal law allows the use of hemp-derived CBD, South Dakota's laws have traditionally been more restrictive. As of now, only FDA-approved CBD products like Epidiolex are clearly legal. While recent developments suggest a potential shift towards a more relaxed stance on CBD, the current legal status remains uncertain. Therefore, individuals interested in using or purchasing CBD products in South Dakota should proceed with caution and stay informed about the latest legal developments.

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