Since the Farm Bill was passed in 2018 to legalize the growth of industrial hemp and CBD production with not more than 0.3% THC, the demand for CBD products has increased. However, the Bill allowed states to craft their laws regulating CBD oil production, sale, use, buying, and selling. CBD laws vary from state to state, where some states have legalized this cannabinoid, while in others, it is illegal. Therefore, consumers should always be conversant with the laws concerning CBD products in their states before using them. Are you residing in South Dakota and want to try CBD oil? Here is everything you need to know about CBD in South Dakota.

Is CBD Oil Consumption Legal in South Dakota?

South Dakota is one of the US states with the most stringent CBD oil laws, and having the cannabinoid or its products might land you in trouble. Besides, the South Dakota authorities consider it illegal to sell or buy CBD oil. You should avoid CBD oil tinctures, cosmetics, creams, vapes, e-juices, topicals, or edibles.

South Dakota CBD Laws Changed CBD Oil Classing

Although South Dakota has some of the most stringent CBD oil laws, one of its most recent developments is the change in CBD and marijuana possession class. When the Farm Bill was passed in 2018, CBD oil was considered a Schedule I drug but was removed from the Controlled Substance Act. However, South Dakota has CBD oil as a Schedule IV drug. Therefore, possessing, using, or selling CBD oil warrants a class 6 felony, punishable by the law. One could be jailed for 30 days to one year. In addition, one can pay a penalty fine not exceeding $10,000 for possessing, using, selling, or buying CBD oil in South Dakota.

Is it Legal to Grow Hemp in South Dakota?

The South Dakota( SD) CBD oil laws have not legalized CBD oil production, sales, and use, but there is a minor difference in hemp cultivation in this state. CBD Is one of the main derivatives hemp plant, and one would expect that since CBD oil is illegal in SD, hemp cultivation would also be illegal. However, South Dakota has made it legal for industrial hemp to be grown and added to consumer goods. The laws allow hemp transportation in South Dakota.

Are the laws regarding CBD in South Dakota changing?

The liberties regarding hemp cultivation and transportation being legal in South Dakota started in 2020 when House Bill 1008 was passed. South Dakota is trying to have an open industrial hemp program. The state has approached the US Department of Agriculture (USDA) and allocated $3.5 million for the hemp program. However, things have been stagnated by the Covid-19 pandemic, which continues to affect the world.

Does South Dakota Legalize Medical CBD Oil?

While most states have varying CBD oil laws, they recognize medical CBD oil and prescribe FDA-approved drugs, and South Dakota is no exception. Although CBD oil remains illegal in the state, doctors and physicians can prescribe Epidiolex, the FDA-approved drug for managing two rare forms of epilepsy and seizures. However, this is the only CBD medication allowed in South Dakota.

Can You Smoke Hemp in South Dakota?

Hemp flower is one of the forms in which CBD oil and industrial hemp can be consumed apart from topicals, edibles, vapes, and gummies. South Dakota CBD laws are as stringent with smoking hemp flowers as CBD oil. Therefore, smoking hemp flowers or possessing hemp flowers is illegal and can attract a fine or jail term.

Is Vaping CBD Products Legal in South Dakota?

CBD vaping is illegal in South Dakota, Mount Rushmore, and their environs. CBD oil is considered a Schedule IV drug in South Dakotan CBD laws, meaning that having any CBD products, including vapes, could land one into problems as dictated by the Class 6 Felony lines. This regulation also applies to CDD e-juices.

Is Vaping Legal in South Dakota?

Although South Dakota has strict CBD vaping laws, it flexes a bit when vaping other substances. It allows vaping non-CBD products only.  Besides, vaporizers are allowed in South Dakota, provided they are not CBD oil-based.

Should You Buy CBD Oil products Online in South Dakota?

CBD oil products are easily available online, and almost every company, with or without physical stores, now sells CBD oil online. Since CBD is illegal in South Dakota, residents wonder if they can buy CBD oil online and have them shipped to their South Dakota location. This is not advised because your order will be confiscated en route.


If you reside in South Dakota, go slow on CBD oil products. This is advised because the state does not consider CBD legal, and you will be in trouble for possessing, using, or selling CBD oil products. Although it allows hemp cultivation and transportation, the same is not true for CBD oil or its products. Therefore, it is best to avoid CBD oil in South Dakota.

MS, University of Tartu
Sleep specialist

Using the acquired academic and professional experience, I advise patients with various complaints about mental health - depressed mood, nervousness, lack of energy and interest, sleep disorders, panic attacks, obsessive thoughts and anxieties, difficulty concentrating, and stress. In my free time, I love to paint and go on long walks on the beach. One of my latest obsessions is sudoku – a wonderful activity to calm an unease mind.

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