Is CBD Oil Legal In South Dakota 2019?


Many want to know, if CBD oil legal in South Dakota? The answer is complicated, and it seems the easiest way to answer is to say that some CBD oil is legal. A bill passed in 2017 stated that CBD was not to be considered marijuana and thus not subject to the same laws. However, this same bill mandates that any CBD oil must be FDA approved to be considered legal. Below is some information on a couple of popular strains of marijuana as well as additional information about CBD and its legality in South Dakota.

If you want to buy your CBD Oil Online it is vital you choose a great American company that has CBD Oil with less then 0.3% THC. That is the legal requirement for South Dakota.

Strawberry Blonde

Strawberry Blonde is a glorious mix of Super Lemon Haze and Sour Strawberry. It originates from The Farm Genetics. This is a potent and fast-acting plant that creates a motivational and euphoric high. The fast acting plant is well suited for daytime use. Even though the high comes on fast, it fades subtly. The large and compact flowers produce an intense fragrance when breaking or grinding the bud. It has a citrus taste mixed with a bit of the sour flavor from Sour Strawberry.

Mountain Thunder

This is an uplifting Sativa leaning strain of marijuana said to create a euphoric feeling. This is a hybrid of Mad Cow and Sour Bubble and originated by The Farm. It is full of the cannabinoid called cannabigerol. This compound is well known for its anti-anxiety benefits. It produces a plant with greenish colored flowers laced with red hairs. The pine flavored bud is a favorite for daytime as it has motivating effects.

South Dakota CBD Laws

As of 2019 the laws in South Dakota still make it difficult to possess and consume CBD oil and other products legally. Senate Bill 95 de-escalates the substance to Schedule IV on the list of controlled substances. While this is good news, there remains the condition that the FDA must approve all CBD for it to be legal. This has created access to legal CBD for a small portion of the population in South Dakota. Epidiolex is a nearly pure CBD oil that is slated to be approved by the FDA in the treatment of Lennox-Gastaut Syndromes and Dravet only. While it is still an important step, it leaves pain sufferers and the like out in the dark.

Laws for Medical Marijuana in South Dakota

This state is not lenient to any form of cannabis even for medical purposes. The laws to legalize medical marijuana have been shot down several years in a row. The climate is so hostile in the conservative state that the bill did not even garner enough signatures also to make it to the 2018 ballots. The small glimmer of hope comes from the passing of the Industrial Hemp Research Pilot Program for the state of North Dakota. Activist hope that the momentum in this state will trickle down to South Dakota.

South Dakota and Recreational Marijuana

While most states are legalizing and decriminalizing marijuana, the state of South Dakota is keeping their stiff penalties and archaic laws in place. You must only have a trace of marijuana in your possession to earn a prison stay of up to a year and up to a $2,000 fine. Having paraphernalia is almost as risky bringing up to a month in jail and half a grand in fines. What is even more shocking about this state, especially in this day and age, is that if you test positive for marijuana you can be penalized. This also holds if you ingested the marijuana in a state where it is legal.


It should not come as any surprise that there are no retailers for CBD oil in all of South Dakota. If you have the necessary FDA clearance, you may only purchase from an online or out of state retailer. To wrap it up, marijuana is not legal in South Dakota whatsoever. If you have one of the few conditions that have an FDA approved CBD oil it is the only way you may possess or consume the oil legally.

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