CBD oil consumption is still unclear in South Dakota. Being one of the states which are strongly opposed to marijuana and hemp legalization, it makes efforts to control CBD oil consumption. Both from the perspective of the legislature and on-field reports, CBD oil is seen as controversial in the state. While the state tries to control the sale of hemp-derived products, shop owners argue that the interpretation of the laws is problematic. Both sides have their arguments but the clarification on CBD oil consumption in South Dakota is needed, at least for medical purposes.
CBD oil in South Dakota – strict policies
South Dakota is making efforts to stop hemp product sales which include CBD oils. Recent legislative changes saw these products being named as illegal and law enforcers now have the attributes to act in accordance.
Local media reported a series of events which were tied to CBD oil. In Rapid City, a TV program showed how local police were actively fighting CBD oil consumption. A local police spokesperson said that they acted to remove CBD oil products from a store following a complaint from a citizen. In according to the current legislation, the store owner was contacted by local police. The police asked the store owner to take the products off the market and the shop soon abided.
On the other side, store owners argued the products should have not been seized. They represented a side of the story where industrial hemp is presented as beneficial, used in various industries and not filled with THC compounds which offer the high-giving side effects. The state governor made the sale of CBD oil illegal. This includes other CBD-based products such as edibles.
There are currently over 300 stores affected by this legislative change in South Dakota. None of these stores is actually able to pursue the sale of CBD products, even if their customers need them for medical reasons. At the moment, there is no information on any financial penalties in the stores. However, these store owners argue both them and the state are losing considerably on potential business by removing the products from the shelves.
The Senate Bill 95 from 2017 also interestingly states that CBD oils can be sold and purchased on South Dakota if approved by the FDA. But at the moment, the FDA’s ban on CBD products seems to be continuing. However, the first product with CBD compounds has been approved by the authority. Epidiolex has been approved by the FDA for the treatment of epilepsy. At the moment, Epidiolex is the only CBD product to be available in South Dakota. It remains to be seen what happens when the FDA takes a more open stance towards CBD products and if South Dakota will change its orientation towards the hemp-based product.
Even in these conditions, it is expected that South Dakota will only approve these products under medical prescription. For many residents, it may mean that having access to CBD oil products might not be as fast as they would expect. From the perspective of businesses, it means they lose ground when it comes to financial gains, product research, and development when compared to other US states.
From an agricultural perspective, it is clear there will be no industrial hemp production for the purpose of CBD oil manufacturing in South Dakota. Prison sentences of up to 5 years can be the case even for possession in the state.
When it comes to other types of loses, researchers are also limited in proving hemp products are beneficial if they are banned. Since hemp is not legal for research either, South Dakota will base their future decisions on possible research results from other sources, such as those made by other states.
Where to buy CBD oil in South Dakota
Buying CBD oil in South Dakota is not possible at the moment. Various vape shops might still carry some CBD products but residents are not recommended to purchase them until things change in the state.
The general misconception came as a result in legislative change. If in 2014 selling CBD oil was legal under the federal Farm Bill, this is no longer the case since 2017 due to South Dakota Senate Bill 95. CBD is classified as a class 4 drug which means it remains illegal.
Businesses are now changing in South Dakota as a result. They come with important financial loses. If these businesses hired staff members in 2014, they will need to let some of the staff go due to the increased financial impact CBD oil bans come with.
In other words, even entire businesses could close if there is no change in the near future. At the time of the ban, there were around 300 stores in South Dakota which sold CBD products. This is not an official figure, but it is quoted by store owners who have been impacted by the ban. These stores now face an uncertain future. Other areas which can see changes in the near future are in the agriculture business. South Dakotans who wanted to invest in farming are now completely out of business if they plan to cultivate hemp for human use.
Final considerations
As one of the most strict states when it comes to CBD oil products, South Dakota is currently advising and enforcing a ban on the products. Consumers are told not to purchase or possess CBD oils and businesses are told to take the products off the shelves if they are caught selling them.
However, there is hope for South Dakota residents who want to have their own CBD oils. Advocacy and information can go a long way when it comes to hemp production. It is an important aspect of legalization, even in similar states where bans were in place. For the time being, all CBD oil consumption is halted in South Dakota. Even when consumers quote possible health benefits, they still need to remember that these products are currently illegal, until further regulatory changes.