CBD and Hemp Legality in South Dakota: South Dakota Hemp Laws

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In addition to the federal hemp laws laid out in the 2018 Farm Bill, each state has its own state hemp laws. Before we dive in on South Dakota Hemp Laws and the legality of CBD in South Dakota, it is important to understand the different types of hemp and CBD products that these laws may be applied to.

There are many (somewhat confusing) terms for hemp oil:

• Isolate or THC-Free Hemp Oil has only CBD and all other plant compounds have been removed, THC is undetectable. Pure CBD Isolate can also be purchased in powder form.
• Full-Spectrum Hemp Oil has all plant compounds, including less than 0.3% THC.
• Broad-Spectrum Hemp Oil has undetectable THC, but contains other plant compounds.
• PCR (Phytocannabinoid-Rich) Hemp Oil with Zero-THC is a new marketing term for broad-spectrum hemp oil.
• CBG Hemp Oil is a hemp oil from a cannabigerol (CBG) rich hemp strain that has more CBG than is found in CBD Hemp Oil.
• Hemp Flower is the dried and harvested flower of the hemp plant. It can be used whole or extracted to make CBD isolate, Full-Spectrum CBD, or Broad-Spectrum CBD (PCR Hemp Oil).

FAQ: Hemp and CBD Legality in South Dakota

When it comes to buying CBD products, hemp flower, and hemp cigarettes here are some frequently asked questions that come up:

Is Full Spectrum CBD Legal in South Dakota?

That is a trick question because full-spectrum CBD is not the same as the so-called PCR Hemp Oil! This new marketing term is certainly introducing even more confusion around CBD products.

South Dakota hemp laws are new and have yet to be approved by the USDA. However, all hemp and CBD products are still considered illegal in that state. This conflicts with federal law (and basic common sense), but regardless, CBD in South Dakota is not legal.

Is It Legal to Ship PCR Hemp Oil to South Dakota?

It is legal to ship ALL types of hemp products with less than 0.3% THC to all US States according to the 2018 Farm Bill. However, it is not legal for anyone who lives in South Dakota to purchase, receive, and possess any type of hemp or CBD product.

Where to Buy Full Spectrum CBD Oil in South Dakota?

It is not legal to buy, sell, manufacture, or possess any form of hemp of CBD in South Dakota. Some stores do appear to sell it, and it can be ordered online, but it is technically illegal to sell, possess, and use in the state.

Do you need a special license to purchase PCR Hemp Oil in South Dakota?

Under South Dakota hemp laws, CBD in South Dakota can only be acquired with a prescription and in the form of Epidiolex.

How Does South Dakota Legally Define Hemp?

For the purposes of this chapter, industrial hemp or hemp, is the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis.

2020 South Dakota Legislature House Bill 1008

Growing and Selling Hemp in South Dakota

Up until very recently, South Dakota hemp laws did not exist. It was considered the same as marijuana essentially. The South Dakota Attorney General explains:

Current South Dakota law makes industrial hemp illegal and all forms of CBD oil illegal.

The South Dakota hemp laws were approved very recently in spring 2020. This law, HB 1008, legalizes cultivation, processing, and transport of hemp in South Dakota. However, it does not explicitly legalize hemp and CBD products.

In the future, the state will have to clarify this. The state’s governor is extremely conservative and still opposes hemp in South Dakota, so it is not likely that retail sales of hemp and CBD will be fully legal. It does appear that some CBD stores do still sell products in the state despite the high risk of legal action against them.

Oddly, South Dakota hemp law appears to require less than 0.3% delta-9-THC instead of the more stringent “total THC” requirement. South Dakota hemp laws and their agriculture program will still need to be approved by the USDA before they take effect.