One person in Minnehaha County is currently facing a Class 5 felony charge for possessing CBD oil — Alaska resident Bernard Davis, 57, was arrested earlier this month for having CBD oil at the Sioux Falls Regional Airport, according to his attorney Clint Sargent.
The legality of selling and possessing CBD oil in South Dakota is murky after a changed state law has resulted in differing opinions.
“If it really is just the CBD oils made from the seeds of marijuana or hemp, those aren’t illegal under South Dakota statute,” he said.
Legislative changes leave ‘gap’
Ravnsborg’s March 25 announcement stated that use or possession of all forms of CBD oil are illegal under state law except for the FDA-approved prescription drug Epidiolex, which is used to treat a rare form of epilepsy.
“The executive branch shouldn’t be governing by presumption,” he said.
But prosecutors responsible for potentially charging people with selling and possessing CBD oil aren’t as certain. Some businesses in Sioux Falls are stocking CBD oil, while others have pulled it from their shelves and business owners say customers are uncertain about whether they can legally purchase it.
“It’s as illegal as the water coming out of your tap,” Mentele said. “It is not illegal in South Dakota. You can’t prosecute a case on a law that does not exist.”
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
Is full spectrum CBD legal in South Dakota?
Most state regulations have to do with THC content, but they do not necessarily ensure consumer safety. Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to South Dakota to buyers aged 18 and up.
What does that mean for consumers? Is CBD legal in South Dakota?
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.