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1_CBD Oil in South Dakota

in South Dakota

1_Farm Bill 2018

In the USA, many states have already embraced the ruling of the 2018 Farm Bill, which legalizes industrial hemp. This, by extension, allows the sale, purchase and use of CBD hemp oil and other hemp-derived products.

However, it’s not the same in every state. South Dakota is considered to have the harshest laws regarding CBD in the United States

Before buying CBD oil and other related products in South Dakota, here are a few things you need to be wary of since the Beaver State isn’t welcoming to CBD as much as the rest of the country is.

CBD Oils I absolutely recommend.

Everyone responds to CBD oil differently, so it’s also important to try out the oil and note any positive or negative reactions. We have done just that to assist you in choosing the best one for you:

Best Overall - Fab CBD

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CBDistillery gives you the best value for your buck, in addition to Free Shipping. The industry leaders in affordability, they’ve also set the bar high in terms of quality and transparency. CBDistillery is undeniably, CBD for the masses.
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A revolutionary new brand, which has burst onto the CBD scene. Their CBD Tinctures are THC Free and they have third party lab results for all batches of all their products available on the website.
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1_Is CBD Oil Legal in South Dakota

Is CBD oil Legal
in South Dakota?

1_CBD is not legal

Unfortunately, it’s a big No for South Dakota. CBD Oil and its other extracts are Illegal in South Dakota.

Even if the government successfully passed the legislation that allows industrial hemp cultivation and harvests nationwide, South Dakota has yet to clarify state laws to conform to the new one.

1_What’s Legal and What’s Not in South Dakota

What's Legal, What's Not!

1_In some states, growth and cultivation of Hemp is legally allowed

The 2018 Farm Bill that is supposed to be federally imposed would allow the cultivation of industrial hemp and extraction of various products relating to it.

In 2017, South Dakota enacted a state law that strictly regulates cannabidiol or CBD. It removed CBD from their legal definition of marijuana but also fails to convert it into an over-the-counter item like what other states have done.

1_Senate Bills

CBD is instead considered a Schedule IV drug in South Dakota due to Senate Bill 96. This means that although CBD oil has a low potential to be abused by a user, it also cannot be sold freely unless approved by the FDA or Food and Drug Administration.

As of writing, a version of the bill has recently been passed to a House committee and approved. Should it successfully go into law, the FDA requirement will be effectively eliminated from the strict guidelines regarding CBD oil.

The Farm Bill of 2018 makes hemp legal, but it does not get full clearance in South Dakota due to the conflicting legislature in the state. There are efforts to rectify the issue on CBD oils and medical-grade CBD, but at this moment, every bill awaits progress.

1_Senate Bills

Senate Bill 96, once passed and ratified will eliminate the need for FDA approval before users can buy and consume CBD oil. This means that retailers can sell CBD hemp oil without worrying about their CBD products being seized by authorities.

1_CBD from Hemp is Legal

In South Dakota, CBD laws are in the gray area. Hemp and hemp-derived products are legal, but several prosecutors all over the state have opposing regulations regarding such items. 

Some authorities interpret the federal law by seizing CBD products that contain THC even if it’s practically trace amount or way below the minimum THC content. THC is the psychoactive element of Cannabis sativa L. that is responsible for the “pot high” of marijuana.

Some cities allow the purchase and use of other CBD products as long as there is zero THC content.

1_CBD from Hemp is Legal but CBD From Marijuana is Illegal

 While the technical legality of industrial hemp and its derivative is still up for consideration, CBD cannabis oil or the extract derived from the marijuana variety of Cannabis sativa L. looks to be staying illegal indefinitely. 

This means that you cannot possess, take, sell or even give CBD cannabis oil and other cannabis products as a gift in South Dakota.

There have been many initiatives taken by the state government to allow medical-grade CBD and other high-THC preparations for patients who seek CBD treatment. However, most of these actions fail to be voted successfully.

1_Epidiolex is a CBD based drug to treat Epilepsy

The only know allowable CBD product as of writing is Epidiolex, a CBD-containing drug approved by the FDA as a treatment for epilepsy or seizures caused by different medical conditions such as the Lennox-Gastaut syndrome and Dravet syndrome.

The cause for such confusion and consequent illegalization of CBD stems from the fact that hemp is a variety of Cannabis sativa L. that is also the source plant for marijuana. Since hemp has the same genus (Cannabis) as weed, some authorities are insisting that hemp and hemp-derived products are still illegal by definition.

1_Various states have different laws for possesion of Marijuana or CBD

Anyone found to possess CBD cannabis oil and other related products may face one year of imprisonment and a huge fine of $2,000.

CBD oil still has murky regulations in South Dakota, but users all over the country are praising this natural remedy for its efficacy. Consumers report CBD oil to work in alleviating symptoms and medical cases such as Huntington’s disease, Crohn’s disease, anxiety, insomnia, severe nausea, HIV/AIDS, Hepatitis C, depression, glaucoma, Autism, Diabetes, PTSD, Cancer and more.

1_Where to Find CBD Oil in South Dakota

Buying CBD Oil Locally
in South Dakota

If you are planning to buy CBD hemp oil anywhere in South Dakota, practice caution and take note of what constitutes as a legal sale and what’s not.

CBD hemp oil is technically legal anywhere in the USA due to the legislation, but each state is left to interpret the federal law on their own terms. In South Dakota, there are no legal dispensaries because medical CBD is still largely illegal except for Epidiolex, which is recognized by the FDA.

1_CBD Can be obtained from authorized retail shops

There are a few convenience stores and pharmacies that display CBD products, but they are very conscious of the brands they sell. Commercial retail for CBD oil is booming in other parts of the US, but it’s not as flourishing in South Dakota. 

This means that sellers aren’t likely to put CBD on the store shelves conveniently.

Health and nutrition shops in South Dakota may offer CBD oil and other related products as well, but they are careful to include only the items that contain no THC at all. Additionally, select vaporizer stores have liquid preparations of CBD for smoking, although not as freely as in other states.

The scarcity of CBD oil in South Dakota is not surprising given their interpretation of the federal law, which makes CBD supply scarce in the state.

You might have a better chance of finding the CBD oil brand you are looking for in online stores, which typically holds a decent selection of such products. It’s very convenient to order CBD oil from an online website, but as with purchasing locally, always be mindful of the legality of purchase before proceeding with it.

1_Horrors and reasons not to buy CBD Oil locally in South Dakota

Horrors of Buying CBD locally

As you may know by now, regulations for CBD oil in South Dakota is still murky. It also does not help that state legislation regarding the possession of illegal CBD is considered the harshest in USA. There aren’t many positive points to buying CBD in local stores statewide, and here are concrete reasons why you should take a step back before buying in a physical shop for your CBD needs.

Firstly, South Dakota is very strict when it comes to cannabidiol. This substance is a Schedule IV drug and therefore needs FDA approval before it can be consumed. Even then, no edible preparation of CBD is allowed within state limits. If you find a local store that sells such products, you might be breaking the rules and subjecting yourself to possible repercussions.

1_CBD Can be obtained from authorized retail shops

Should you be able to buy successfully in a local South Dakota store, there is still the question of whether that product conforms to federal laws. Some CBD brands are found to contain more than the recommended THC level. 

1_Fake and Spurious CBD is quite rampant

Other CBD oil products, on the other hand, does not contain any CBD at all. These extremes can affect the efficacy of the product.

Much like the reported capture of CBD products in retail stores, you might unknowingly possess a seized product when you buy it locally. There is a reason why authorities removed the product from the display, and it’s something you have to seriously consider when you plan to buy from a physical store.

Also, CBD supplies are scarce in South Dakota. This means that you most likely won’t be able to purchase the CBD oil that meets your requirements. Yes, there are synthetic CBD formulations, but most of these brands are not as effective as pure extracts. You might be paying a hefty amount for a bottle of CBD oil that isn’t good like what you would expect.

Buying online might save you from some of these horrors. Most CBD websites offer legal and safe CBD oil and other CBD-containing products, but again, stress is given to the fact that CBD rules in South Dakota are murky at best.

1_How to buy CBD Oil online and guidelines in South Dakota

How to get CBD Oil Online
in South Dakota

Best Overall - Fab CBD


• Full spectrum cannabinoid blend
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• Full spectrum oil tincture
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• Varying concentrations (250mg to 5,000mg)
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• Broad Spectrum THC-Free CBD
• Varying concentrations (250 mg to 1,500 mg)
• Tinctures, Edibles, Topicals, and for Pets
• $0.08 per mg to $0.13 per mg

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Before buying your CBD oil in South Dakota online, here is a quick checklist of the things to look out for:


The CBD oil packaging is a great determinant of whether you are buying the right product and not wasting your money. There are a lot of retailers taking advantage of the economic boom CBD is causing right now; some even go far as to sell counterfeit products. Before you get ripped off, inspect the packaging carefully.


Know the retailer before you purchase anything from them. Ask where the product is manufactured from and take note whether they do independent testing of their products. They should also have strict quality control in place so you are assured that their CBD oil formulation is safe for your health.


Not all CBD oil is pure. There are synthetic forms and other preparations infused with other substances. If you have an allergy, make sure that the CBD product you purchase doesn’t have the allergen that may cause adverse effects to you.


Read customer comments and testimonies regarding a product before committing to buy one. Reviews are a great way to learn more about the product for free. You will know when customers are satisfied with the CBD oil because they will recommend it sincerely through positive reviews.

Final Thoughts

South Dakota is yet to loosen their chokehold on CBD, but the possibility is not far off. For now, be wary of purchasing CBD oils and other CBD-infused products across the state. If you have access to your local authorities, you can try clarifying before making your purchase.

If you are looking to buy CBD anywhere in South Dakota, it’s good to be informed and be very vigilant about the product you are eyeing before clicking that Buy Now buttons on the CBD website you choose.