The conservative South Dakota has not embraced marijuana, not even a tiny bit. It is illegal to use marijuana both for medical and recreational purposes in the state. In fact, it has one of the harshest laws in the entire country and had been called the worst state in terms of treatment of the plant and those caught in possession of it.
As per state law, penalties for possession differ according to the amount. Anything less than two ounces counts as a misdemeanor, while anything larger than that is considered a felony. Even drug paraphernalia can get you in trouble. Those caught will be fined up to $500, charged with a misdemeanor, and could serve prison time for up to 30 days.
That being said, how does South Dakota view CBD?
Is CBD Oil Legal in South Dakota?
The state has no medical marijuana in place, which should have allowed residents to purchase marijuana and its derivatives in state-licensed dispensaries, obtain a medical marijuana card, or get a recommendation from a doctor.
In 2017, the SD Senate passed SB 157 to create an exception and allow residents to have a small amount of marijuana as long as they have a medical marijuana card issued in another state where the plant is legal.  The bill, which was introduced by Representatives Bordeaux, McCleerey, and Wismer, along with Senators Sutton, Nesiba, Peters, and Heinart, seeks to amend Sections 22-42-6, which contains the penalties for those caught in possession of marijuana.
Should the bill makes it into law, those found in possession of five grams or lower but with a medical marijuana card will not be penalized. It’s important to take note that this bill does not make marijuana legal in SD, but only allows residents from other states to use medical marijuana for serious medical conditions while visiting SD. The bill also accepts marijuana as a form of alternative treatment.
In the same year, the Senate also passed SB 96, which seeks to take out CBD oil from the legal definition of marijuana in the state, and if taken as part of a therapy or treatment, a doctor’s recommendation should be obtained first.
This bill could mean that CBD cannabis oil will be legalized in the state, that is if the Food and Drug Administration approved a certain brand of oil. However, when the committee on health and human services approved the bill, an amendment was passed, which immediately removed the requirement for FDA approval. If this bill is ratified by the governor, it would make CBD products available in pharmacies and allow people with cancer or epilepsy to buy it. Another marijuana-related bill came in the form of SB 129, which seeks to decriminalize marijuana in the state.
To sum it all up, if any of these bills get signed into law, it would allow the use of CBD products in the state, regardless of where its derived from.
What Kind of CBD Oils are Legally Available in South Dakota?
Generally, there are two types: CBD hemp oil and high THC oil, also called cannabis oil. As per federal law, hemp oil is free to be used by all. Anything derived from marijuana, which is high in THC, is illegal, but should the state implement a medical marijuana program, high THC oil will be restricted to people diagnosed with a debilitating medical condition.
As per the 2014 Farm Bill, industrial hemp can be farmed, processed, sold, and cultivated for research purposes. CBD products sourced from hemp is technically legal and come in many forms, which includes edibles, pills, tinctures, lotions, creams, wax, and other vapable liquids.
Before buying any type of CBD product, it’s important to know your options first in order to address and find a remedy for your medical condition faster and better.
What can CBD Oil be Used for in South Dakota?
Should the state establish a proper medical marijuana program, the proposed bill includes the following medical conditions treatable by medical cannabis and CBD oil:
Amyotrophic lateral sclerosis (ALS)
Idiopathic pulmonary fibrosis
Neural tube defects
How Can I Get CBD Oil in South Dakota?
Residents of the Mount Rushmore State interested in buying high-quality CBD products should be informed that there are several options in getting these products until a proper medical marijuana program is fully implemented. In SD, there are also food stores, smoke shops, and head shops that offer CBD oil.
Can Doctors Prescribe CBD Oil in South Dakota?
Definitely not. SD does not allow doctors to prescribe medical marijuana including all products derived from it. According to the federal law. Marijuana is still included in the list of Schedule 1 drugs and is therefore illegal to be prescribed. Drug stores in the state are also not allowed to distribute CBD products even to those diagnosed with a severe form of epilepsy.
Should the state establish a proper medical marijuana program, doctors and other health professionals licensed to practice in the Mount Rushmore State will be permitted to recommend CBD if conventional treatment no longer works for a qualified patient.
Are there Stores or Dispensaries that Sell CBD Oil?
As of writing, lawmakers in South Dakota have not approved the sale of medical cannabis in pharmacies or dispensaries. For now, residents don’t have much of a choice but to wait for a medical marijuana program to be implemented. Only then can residents take a doctor’s recommendation to buy medical marijuana in the state.
Can I Buy CBD Online in South Dakota?
Definitely. The web is the fastest way to buy and get CBD products derived from industrial hemp, which according to federal law is legal. If you’re buying from anywhere in the state, you should have no problems when it comes to delivery and shipment. There have been no reports of people getting arrested for the consumption of CBD products as long as it is used in their homes or any private address.
As for products derived from marijuana, they are completely illegal and those caught in possession will be charged with misdemeanor or felony, depending on the amount.
The Future of CBD in South Dakota
While other Southern states are preparing to put a medical cannabis initiative on the ballot this November, residents of SD will not have that voting right. Despite submitting the South Dakota Medical Marijuana Initiative, which garnered around 15,000 signatures, the secretary of the state announced earlier this year that the number of signatures was not enough to put the measure on the ballot. For now, CBD products, especially those high in THC content, are illegal and are treated the same way as marijuana.
Our methodology was based on the average score of a CBD Oil brand across eleven currently published rankings. Plus, points for how many rankings each brand was featured in. Each brand's final score was then configured based on a 5.0 scale.