Confusion remains over legality of CBD oils in South Dakota
PIERRE, S.D. – A lot of confusion still remains regarding the legality of CBD (Cannabidiol) oil and industrial hemp in South Dakota, according to the state Attorney General.
On Monday, AG Jason Ravnsborg issued a statement clarifying the legality of hemp and CBD oil, which is derived from cannabis plants and generally used for medicinal purposes.
“We have had numerous informal inquiries as to the legal status of both hemp and CBD oils since the legislative session concluded,” said Ravnsborg. “It is important that the people of our state know and understand the status of the law so that they can obey it.”
Currently, says Ravnsborg, South Dakota law makes both industrial hemp and all forms of CBD oil illegal.
The only exception is the prescription drug Epidiolex, a CBD medication used to treat epilepsy.
Epidiolex was recognized by this year’s legislature as a controlled substance under SB 22. Governor Noem signed the bill into law in February, with an emergency clause — therefore causing it to go into effect immediately.
This action leaves any other use or possession of CBD oil as a violation of state law.
“Some of the confusion is likely resulting from the fact that the federal government legalized the production and possession of hemp in the December 2018 Farm Bill,” continued Ravnsborg. “However, after a robust discussion of HB 1191 during the recent legislative session, the legal status under state law did not change, hemp and CBD oils remain illegal in South Dakota.”