South Dakota CBD Oil Laws


South Dakota is one of only four US states that has an almost complete ban on the use of anything cannabis and hemp-related. The state legislative body is very hostile towards cannabis, and besides the tries, they have twice rejected medical cannabis laws. The only thing they legally allow is CBD oil that is FDA approved, which is too bad, as none of the commercially sold CBD products in the USA today carry an FDA approval.

CBD in the Mount Rushmore State

Even though South Dakota is known for its extensive farming, there is no legal program allowing cultivation and research of industrial hemp in this state. After several attempts over the years, this state still does not allow the cultivation of industrial hemp.

After the Farm Bill of 2014 which recognized industrial hemp as an agricultural crop, the people of South Dakota tried to have it legalized in their state, but their attempt failed in the committee and is still illegal to cultivate industrial hemp here.

What is CBD oil?

CBD is one of 113 cannabinoid compounds produced by the cannabis plant. The cannabis plant grows in two main varieties, a CBD-rich variety called industrial hemp and a THC-rich variety called marijuana. Marijuana is used for recreational and medicinal purposes, while industrial hemp is grown as a crop for the production of CBD, rope, fiber, cloth, paper, biodegradable plastic, biofuel, animal feed, animal bedding and more.

CBD is the main derivate of industrial hemp grown in the USA. This compound has some very beneficial properties. It helps do a bunch of stuff like boost the immune system, aids with pain management; arthritic pains, seizures, and epilepsy; relieves symptoms of PTSD, nausea, stress, depression, and a lot more.

CBD can be used as an oil, a CBD gel capsule, a CBD-infused edible, in CBD cosmetics, as CBD vape liquid, CBD-infused bath products, even in CBD infused foods and drinks. Still, the most widespread way of taking CBD is as a CBD oil tincture.

The cannabis plant grows in CBD-rich and THC-rich varieties. The high CBD strains are preferred by the medial user community and the high THC strains by the recreational user. There are mixed THC/CBD strains that have good THC vs. CBD ratio and these are favored by people that get both the benefits from CBD and THC. I’ve selected two of these to present to you here.

Sweet and Sour Widow is a strain that produces a 1:1 CBD vs. THC ratio. It has a balanced terpene profile, and smells of sweetness, onions, and pines, and leaves a slight piney, earthy and citrusy aftertaste. The initial effects are relaxation, uplifting and energizing the spirit, while the medicinal side is aimed at relieving psychological issues like depression, stress, insomnia, as well as pain management and lack of appetite.

Sour Tsunami is has a good terpene profile and slightly higher CBD content than the THC content. This strain produces buds that smell of citruses with a diesel undertone, and leave a citrusy, earthy, diesel-like aftertaste in the mouth. The initial effect is complete relaxation of the body, with increased focus, happy feelings, and uplifted mood. The medical side of Sour Tsunami is what this strain is most famous for, and it helps with stress, pain, depression, relief of muscle spasms, and reducing inflammation.

South Dakota CBD law

South Dakota has very strict rules related to the use of cannabis in any form or shape – thus completely banning any type of use. There is no pilot program for research or commercial cultivation in this state, which is a shame, as the South Dakotan farmlands are known for being quite fertile.

Despite industrial hemp being recognized as an agricultural crop and being legal to grow in the US as per federal law, South Dakota is strongly against it, which it seems will not change anytime soon.

Medical Marijuana

South Dakota does not allow any type of cannabis use, which also includes medical cannabis. The only thing this state allows is the use of FDA-approved cannabis-based CBD products. The good news is that the FDA approved Epidiolex, prescription cannabidiol (CBD) medicine for treating Dravet and Lennox-Gastaut syndromes. This means that only people suffering from these syndromes can legally use this type of CBD product in South Dakota. All other people with severe symptoms that can be helped with the use of medical cannabis will have to wait for better times.

No weed for South Dakotans

There are very strict laws and even stricter punishments regarding the possession of weed in the Coyote state. Anyone caught with 2 ounces or less weed on them will get a year in prison and $2,000 fine. Anything more is a felony with 5 to 15 years in prison and $4,000 to $30,000 fine.

The severity of the law goes as far as to punish people for the possession of cannabis paraphernalia with a 30-day prison stay and a $500 fine. There is an internal possession law in South Dakota, (Yes, you read it right!) meaning that if you smoke weed in a state that is legal, say Colorado or Illinois, and go to South Dakota and test positive for weed, you will be fined.

CBD purchase options

The Land of Infinite Variety is an epithet that can’t be used for South Dakota in regard to CBD. Even though CBD is legal on a federal level, there are no retail stores carrying this product in South Dakota. This leaves the online purchase as an only option for South Dakotans to procure CBD products. They can select their preferred product, check to see if it is compliance with federal law, as having less than 0.3% THC and being derived from industrial hemp; order it and have it delivered to their home.


South Dakota is very strict towards the cannabis plant and its products and derivates. There is no research or cultivation program in this state, nor is there a medical cannabis program. The only thing that is legal in South Dakota and is related to CBD is the FDA-approved Epidiolex medicine, which is almost pure CBD extract for the treatment of Dravet and Lennox-Gastaut syndromes, two severe forms of epilepsy. All other patients that could get relief from medical cannabis cannot legally use it in this state.

In relation to this, the laws related to illegal cannabis use are very strict, and anyone caught with weed on them or in them will get a prison sentence and a monetary fine. But, seeing as CBD oil and other CBD products are legal on a federal level, South Dakotans can go online and order any CBD product they like.

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