No charges for Rapid City store owner after CBD raid
Local law enforcement says they won’t prosecute CBD oils
RAPID CITY, S.D. — A Rapid City health food store will not be facing charges after cannibidiol products seized were found to contain THC.
Pennington County State’s Attorney Mark Vargo says the choice to not prosecute the owner of Staple and Spice comes from not being able to prove she knew the products contained THC.
Vargo sent a letter to local business owners interested in selling the products further explaining the legality. He says CBD oils are not considered a controlled substance in South Dakota but THC is — a differing opinion than Attorney General Jason Ravnsborg, who says all CBDs are illegal.
The confusion leaves local law enforcement in the middle.
“Because our local state’s attorney has advised he won’t prosecute CBD by itself, we have decided we won’t take enforcement action on CBD oil alone however we are letting people know that based on the Attorney General’s review, it is still illegal to possess and distribute,” said Asst. Chief of Police Don Hedrick.
The CBD products seized in May claimed to not contain THC. Further testing from the Rapid City Police Department and the Unified Narcotics Enforcement Team determined they did contain THC.
The problem comes down to non-FDA approved products with potentially misleading labels.
Hedrick says they are still acting on tips of products that may contain THC and it’s up to business owners to ensure their products get tested and are legal.
The State’s Attorney’s Office, RCPD, and Pennington County Sheriff’s Office can provide information to businesses on testing their products in “certified, reputable laboratories.”