TL;DR
South Dakota’s attitude towards Cannabidiol (CBD) has been considered one of the strictest in the United States. However, this has changed with the recent passing of Amendment A and Measure 26 at the November 2020 ballot. As per these amendments, CBD derived from hemp with less than 0.3% THC is legal in the state.
Key Legal Aspects
| Usage | Possession limits | Legal Distinctions |
|---|---|---|
| Medical and Recreational use allowed | Depends on the individual’s medical needs | Must be derived from hemp and contain no more than 0.3% THC |
CBD, a non-intoxicating compound found in the cannabis plant, has grown in popularity due to its potential therapeutic benefits. Unlike its counterpart, THC, CBD does not result in a ‘high’, thus providing it with a different legal standing in many places, including South Dakota.
Overview of CBD Legislation in South Dakota
Key Terms
- CBD (Cannabidiol): A non-intoxicating compound in cannabis that is used for a variety of medical conditions.
- Hemp Vs Marijuana: Both are strains of the cannabis plant. Hemp contains a lower concentration of THC and a higher concentration of CBD.
- THC content: The proportion of Tetrahydrocannabinol (psychoactive compound) in the cannabis extract.
- Full Spectrum Vs Isolate: Full-spectrum CBD includes all the natural compounds found in the cannabis plant, while isolates contain only CBD.
Legal Landscape
The 2018 Farm Bill made hemp-derived CBD legal on a federal level, removing it from the Controlled Substances Act, but leaving it up to states to set their own regulations. South Dakota was initially resistant, but legalised it after the 2020 ballot.
Legal Status
Hemp-derived CBD is legal, while Marijuana-derived CBD is illegal for recreational use. Medical Marijuana was legalised at the same 2020 ballot.
Regulatory Bodies
The South Dakota Department of Agriculture is responsible for overseeing the regulation of hemp-derived CBD.
Historical Context
Prior to the 2020 ballot, South Dakota had a very strict stance against CBD products. House Bill 1008, which would have authorized the growth, production, and processing of industrial hemp and its derivative was vetoed by the Governor in 2019.
Possession, Use, Cultivation, and Sales
As of now, authorized individuals can possess, use, cultivate, and sell hemp-derived CBD products with THC content less than 0.3%. Importing or exporting CBD products may have additional, and often more stringent, regulations.
Enforcement and Penalties
Violating the CBD regulations could result in penalties, including hefty fines and criminal charges. Furthermore, the South Dakota Department of Public Safety has been closely monitoring CBD regulations.
Comparative Analysis
When compared to other states, South Dakota’s approach towards legalising CBD has been slower. However, the recent 2020 amendment to legalize hemp-derived CBD is a progressive step.
Conclusion
While South Dakota was initially slower in embracing the shifts towards CBD legality, the 2020 amendments to its laws reflects a significant change. It remains to be seen how these changes will impact the future of CBD in the region.
