South Dakota is remarkably strict on cannabis but surprisingly tolerant of CBD. As long as CBD products are compliant with the federal 2018 Farm Bill, they’re usually alright to use and own in South Dakota. The situation gets a bit murkier as you start to peruse South Dakota’s CBD laws in more detail — which we’ll do over the course of this full guide.
Is it legal to own CBD or have it shipped to your address in South Dakota? If so, how legal is it? Also, why should Colorado Botanicals be the brand you choose for your CBD needs? Read on for the answers to all these questions and more — everything you need to know to buy and use CBD in South Dakota safely and responsibly.
What Is CBD?
Cannabidiol (CBD) is a natural cannabinoid found abundantly in cannabis. Next to THC, it’s the second most-common cannabinoid, but that’s not to say CBD and THC are just alike. Both cannabinoids have medicinal benefits, it’s true, but CBD is more medicinal without any of THC’s intoxication. CBD makes you feel pleasantly relaxed — but not high — and it might help with conditions that THC marijuana doesn’t alleviate.
CBD vs. Marijuana
CBD is different from marijuana in terms of both its chemical composition and legal status. Federal laws on the subject can get vague, but for most intents and purposes, THC is the only cannabinoid officially defined as the illegal drug “marijuana” anymore.
The 2018 Farm Bill separated CBD and other hemp cannabinoids from the DEA’s definition of this Schedule I illicit narcotic — the primary legislative move that allowed the domestic CBD industry to be born.
To its credit, South Dakota was one of the first states to recognize the fundamental difference between CBD and marijuana — legislators in the state passed a bill that preempted the 2018 Farm Bill a full year prior, allowing CBD commerce in their state to get a jump start. The road has been rocky ever since, however, with South Dakota’s elected representatives having a hard time agreeing on how to regulate CBD hemp products — and especially marijuana.
Is CBD Legal in South Dakota?
Yes, CBD is legal in South Dakota. Multiple state laws have reinforced the federal position that Cannabis sativa products containing less than 0.3% THC are industrial hemp instead of marijuana.
With some minor caveats, any CBD products legal at the federal level are also legal for sale in South Dakota. Even if they aren’t, it’s still legal to buy those products and have them shipped to South Dakota (assuming the products in question comply with federal hemp laws).
Current Restrictions and CBD Laws in South Dakota
Spanning the course of nearly a decade, South Dakota’s attempts to contain the CBD phenomenon can’t be described as lacking vigor. What the state’s continuous fights over CBD policy betray, however, is a lack of coherent public policy — a degree of incoherence that has occasionally affected both sellers and users of CBD in South Dakota.
To give you a better idea of the context at play, here are the primarily laws on CBD in South Dakota — both those that passed and those (at least in one case) that were vetoed:
Senate Bill 95 (2017)
Even prior to the Farm Bill’s passage, politicians throughout the United States had caught wind that massive changes to CBD policy were upcoming. South Dakota voted proactively in 2017 to allow CBD — but with a considerable catch: Only FDA-approved products were allowed, and CBD remained a Schedule IV drug.
Federal Farm Bill (2018)
In 2018, the people of the United States voted through their representatives in Congress to make cannabis plants with less than 0.3% THC on a dry weight basis “industrial hemp” instead of “marijuana.” This legislation had a sweeping impact throughout the nation as individual states were called upon to shape their specific hemp policies.
House Bill 1191 (2019 — Vetoed)
South Dakota lawmakers attempted to pass a law in 2019 that would have put South Dakota more in compliance with the federal 2018 Farm Bill. Governor Kristi Noem vetoed the bill after it passed both state legislative bodies.
House Bill 1008 (2020)
In 2020, legislation finally passed that allowed South Dakota farmers to start producing CBD-rich hemp products. Considerable obstacles were still to be faced, however, before South Dakota’s hemp industry could begin to stabilize.
Initiated Measure 26 (2020)
Almost immediately after CBD became legal in South Dakota, so did medical marijuana, leading to instantaneous legal definition and enforcement issues. Fascinatingly, South Dakota citizens voted on this measure directly, making it an Initiated Measure instead of a House or Senate Bill.
House Bill 1125 (2024)
The intervening years since South Dakota legalized hemp have clearly seen their share of difficulty. In 2024, legislators in the state banned synthesized or chemically altered cannabinoid products. While this doesn’t directly affect CBD, it does show that managing the state’s cannabinoid industry has become an increasing concern for South Dakota lawmakers.
How Old Do You Have to Be to Buy CBD Oil in South Dakota?
You do not have to be a specific age to buy CBD oil in South Dakota. Neither the state of South Dakota nor the federal government have voted to impose an age limit on CBD purchases. Such limits are quite rare nationwide.
Where to Buy CBD in South Dakota
Given the state’s conflicting stances on the cannabinoid, CBD stores near you aren’t likely to carry the exact products you’re looking for. You’re better off going online for your CBD right from the start, but we’ll give each option a fair shake below:
Online
On the internet, you can buy whichever CBD gummies or CBD oils you please and have them shipped straight to your South Dakota address — that’s your right as an American citizen regardless of what any state government might have to say. Greater competition and transparency have pushed online CBD quality into the stratosphere — experience the internet CBD revolution today.
CBD Stores
Even if products from hemp plants are legal in South Dakota, the state’s cultural climate wasn’t particularly friendly toward cannabis to begin with. Recent tussles over cannabis rights certainly haven’t alleviated tensions — most savvy South Dakota shop-owners have decided to steer clear of such a controversial issue.
Dispensaries
South Dakota is home to a few rudimentary medical cannabis dispensaries that most aficionados from other states wouldn’t even recognize as having anything to do with marijuana at all. Even if you manage to gain entry to one of these dispensaries, your chances of finding any CBD products are slim to none.
Vitamin Stores
Vitamin shops, natural food stores, and food co-ops aren’t very likely to carry CBD in South Dakota. This sparsely populated, isolated, and rural state is slow to change, and cannabis has become something of a contentious topic with dangerous synthetic cannabinoids on the rise. You’re much better off buying your CBD online.
Can You Sell CBD in South Dakota?
Yes, it is legal to sell CBD containing less than 0.3% THC in South Dakota. Prospective hemp growers, processors, or sellers can submit their applications to the South Dakota Department of Agriculture & Natural Resources.
Frequently Asked Questions
Are CBD gummies legal in South Dakota?
Yes, CBD gummies are legal in South Dakota — provided they comply with federal law by containing less than 0.3% THC. The same bill that legalized hemp production in the state also legalized CBD-rich hemp products — CBD gummies included.
Do I need a prescription to buy CBD in South Dakota?
Hemp derived products like CBD are available without a doctor’s prescription in South Dakota. A medical cannabis program does exist, however, that can equip patients with CBD on a prescription basis.
Is Delta-8 legal in South Dakota?
Hemp-derived THC products like delta 8 are illegal in South Dakota due to a 2024 law. The same goes for any altered or synthetic cannabinoids.
Is THCA legal in South Dakota?
The status of THCA law in South Dakota is highly complex and ultimately hinges on the intent of the user. If you intend to convert THCA into THC, it is illegal. If you intend to use it in its original form, however, it is legal in South Dakota.
So far, this frivolous legal distinction has proven unenforceable. Still, it’s probably best to stay away from THCA in South Dakota.
Is Delta-9 legal in South Dakota?
No, delta 9 THC is illegal in South Dakota except in the context of a very narrow medical marijuana program. The cannabinoid is considered “marijuana” and is illegal for adult use in the state.
Conclusion
South Dakota has had a drug problem for decades, and it has only gotten worse with the advent of synthetic cannabinoids like Spice and K2. Even “semi-synthetic” forms of THC like delta 8 and HHC are plenty dangerous, souring sentiment in South Dakota squarely (albeit unfairly) against cannabis and all it stands for.
Thankfully, public sentiment in a single state doesn’t determine federal law. The US Constitution dictates that you’re fully within your rights to buy CBD products manufactured in other states and have them shipped to your address in South Dakota. As the most proactively certified CBD producer in the nation, trust Colorado Botanicals with all your South Dakota CBD needs.
Sources
- 2005 Senate Bill 95 | South Dakota Legislature. (2005, March 2). South Dakota Legislature. https://sdlegislature.gov/Session/Bill/19737
- H.R.2 - 115th Congress (2017-2018): Agriculture Improvement Act of 2018. (n.d.). Congress.gov | Library of Congress. https://www.congress.gov/bill/115th-congress/house-bill/2
- Arj. (n.d.). 2020 House Bill 1008 | South Dakota Legislature. South Dakota Legislature. https://sdlegislature.gov/Session/Bill/11477/61810
- Constitutional Amendment A and Initiated Measure 26 Overview. (n.d.). https://sdaho.org/wp-content/uploads/2021/02/CA-A-IM26.pdf
- 2024 House Bill 1125 | South Dakota Legislature. (2024, February 29). South Dakota Legislature. https://sdlegislature.gov/Session/Bill/24425
- South Dakota Inspection, Industrial Hemp Program. (n.d.). https://danr.sd.gov/Agriculture/Inspection/IndustrialHemp/default.aspx