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Is CBD Legal in South Dakota?

CBD and cannabis-related matters tend to get pretty confusing and often controversial within the 50 states of the US. Some states have completely legalized the substances, and thus have made it much easier for people to get their CBD products, while others have taken the opposite route - as far as CBD oil South Dakota is concerned, it would seem that this state has done just that. Well, if you want to find out is CBD oil legal in South Dakota, make sure to read on!

Is CBD Legal South Dakota: Background
CBD Oil South Dakota: South Dakota state.
South Dakota

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CBD Oil South Dakota - Is it Legal?

No, CBD oil South Dakota is completely illegal within the state. No matter if you want to use cannabis- or hemp-derived CBD products, you are not going to be able to do so. Also, neither of the two types of CBD is legal for recreational and medicinal purposes.


CBD Oil South Dakota - Is it Legal to Buy Online?

No, you cannot purchase CBD oil South Dakota online. While there are many companies that sell some top-tier CBD products that are free of THC, all of them are illegal to be purchased in South Dakota.


CBD Oil South Dakota - Is it Legal to Buy Offline?

No, it is not legal to purchase CBD oil South Dakota offline. This means that you are not going to be able to just stroll down to your local CBD retail shop and get yourself the products taht you want.


Is it Legal to Grow Hemp in South Dakota?

While the cultivation of industrial hemp has been illegal within the state up till 2024, there are actions being done in order to legalize this activity in South Dakota.

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TOP 3 CBD Brands in South Dakota

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History of CBD in South Dakota

In order to understand the topic of CBD oil South Dakota better, there’s a lot of contextual information that you need to take into account. As with any other state out there, there are many factors at play that determine the legalities and the overall situation of CBD in this state.

If you want to know is CBD oil legal in South Dakota, the very first thing to note is that S. Dakota is actually one of the most conservative states in the country when it comes to cannabis and, by extension, cannabis-related laws.

CBD oil South Dakota: state capital building.

Unfortunately, this is true with both cannabis- and hemp-derived CBD products, too - they all fall under the same umbrella. Still, you shouldn’t mix them up - cannabis-derived CBD is going to be rich with THC (the thing that makes people high), while hemp-derived CBD will have but minimal traces of THC.

Still, however, even with CBD oil South Dakota that’s made from industrial hemp, it is considered to be a Red state.

South Dakota - A Red State

All of the different states in the country are distinguished by a specific type of color-coding. These colors fall in the same category as, say, those that differentiate states by their political affiliation. In this case, however, the states are differentiated by their stance on CBD.

Note that the colors don’t really tell the whole story - well, at least not most of the time. If you want to really fully understand the intricacies regarding CBD oil South Dakota, for example, you’re going to need to delve deeper. What the color coding does, however, is that it helps you get a general idea about questions such as “is CBD legal in South Dakota?”. So, the colors are:

  • Green states. These states have decriminalized and legalized everything that relates to cannabis and hemp, for all types of uses.
  • Amber states. Within Amber state, it is legal to use cannabis-derived CBD for medicinal purposes, and hemp-derived CBD is legal, in general.
  • Amber-Red states. The laws within these states depend quite heavily on the state in question. That being said, the usual scenario here is that all cannabis-derived products are illegal, while hemp-derived CBD is only legal for medicinal use.
  • Red states. Everything related to cannabis and hemp is illegal.

As you’ve more than likely noticed, when it comes to the topic of CBD oil South Dakota, things look pretty grim. That’s because S. Dakota is considered to be a Red state.

It’s actually a pretty rare phenomenon, too - there are only two other states in the country that are placed into this group. For anyone wondering is CBD legal in South Dakota, this is some pretty bad news - what it basically means is that no products that have cannabidiol in their concentration are legal here.

A Brief Note about Federal Law

Some people think that the federal law is what could help the CBD cause in South Dakota. Well, I can tell you right now - that’s not the case.

According to the Farm Bill issued in 2018, companies are allowed to grow and cultivate hemp within the country, and then produce and sell CBD from that hemp, as long as it does not contain more than 0,3% THC.

CBD oil South Dakota: Custor park.

The catch here, however, is that each of the states can choose to place restrictions and regulations in place. States can go as far as to completely ban CBD products in their territory - they do have the right to do so. And, well… When it comes to CBD South Dakota, this does appear to be the case.

Medicinal VS Recreational

One more important aspect worth mentioning in this “CBD oil South Dakota” article is the difference between medicinal and recreational uses of CBD. Many people who are inquiring about CBD laws within the state are doing so because of one of these two reasons, so they are definitely worth addressing.

The effects of CBD and some other cannabinoids out there have been studied for the longest time now. While different types of research usually reveal different answers[1], there’s a consensus that CBD can, in fact, help people deal with certain types of illnesses.

CBD oil South Dakota: a bison in a field.

This is where medicinal usage jumps in. Despite CBD South Dakota being as touchy of a topic as it is, there are many other states in the country that do, in fact, allow their residents to use CBD products with the intention of treating or supplementing the treatment of some specific disease.

Recreational use is completely different. It refers to the user taking CBD as food supplements, and without the interference of any doctors or other medical third parties.

Either way, while it is true that the purposes for which people use CBD are very different, at the end of the day, the sentiment still stands - when it comes to CBD oil South Dakota, neither purposes of using CBD will bring you any merit.

Where to Buy CBD Oil in South Dakota?

Lastly, to finish our article on CBD South Dakota off, let’s talk about the acquisition of CBD products within the state.

Well… There is none. And, by this point in the article, you likely have a pretty good idea why that's the case, too.

That being said, if CBD was possible to purchase and be used in South Dakota, you’d likely have two choices in front of you - buying it in a shop, or from an online provider.

I want to tell you about the online alternative, since if you manage to find yourself in a state that’s more lenient towards CBD, and want to try some products out, you’ll already have done the research and will know about the top options out there.

First, however, let me quickly explain why some people still choose the traditional route of going to a local store.

Buying CBD Offline

Some people prefer buying their CBD products offline. This is a pretty conveniant option for a few different reasons.

Most of the time, if you live in a state where CBD is legal (again - CBD oil South Dakota is not), there are probably CBD shops that you’d be able to find right around the block. They are close, and it takes a very short amount of time to get there.

Also, you don’t need to wait for your CBD to come in - you go into the shop, pick out what you want, pay and walk out with the product in hand. Nifty.

That said, there are many disadvantages that do actually outweigh the pros in this situation.

Buying CBD Online

As noted above, buying your CBD products online, from trustworthy and reliable CBD providers is usually the much better alternative than doing so in a physical shop.

First of all, online, you’ll have access to all of the top-tier CBD providers out there. Inside of a physical shop, your choices ould be very limited - online, however, you can choose completely freely.

Better prices, high-quality products, promotions and different discounts… The list of benefits goes on and on! Since the online route is usually a better alternative, let me give you a few examples of some of the top-rated CBD brands. If you find yourself in a state that has a more liberal outlook on CBD, you might want to consider trying them out!

cbdMD - No THC

cbdMD sells customers THC-free CBD oil. The oil is broad-spectrum, which means that it contains multiple cannabinoids that will make the products potent, but it will retain minimal traces of THC. Great for beginner CBD users!

The costs for the cbdMD oil ranges from $29,99 up to $339,99.

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NuLeaf Naturals - Potent CBD Products

NuLeaf Naturals is an industry veteran. The company sells some of the more potent CBD products on the market. If you’re someone who needs CBD in order to help you deal with physical pains or severe anxiety, NuLeaf might be a great alternative.

NuLeaf Naturals CBD oil cost from $38,50 up to $439.

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Charlotte’s Web - Potent, Natural Products

Charlotte’s Web offers its customers some natural CBD products. They are made from US-grown hemp, and contain no toxins or other potentially harmful materials. This is further proven by independent tests through which the products go through - definitely a reliable CBD option!

Charlotte’s Web CBD oil prices go from $74,99 up to $188,99.

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When it comes to CBD oil South Dakota, it is considered to be a Red state - this means that no CBD products are legal here, no matter where they come from (cannabis, hemp plants, or else).

If you find yourself in a different state - one where CBD would, in fact, be legal -, do make sure to check out some of the top CBD provides out there. You can find a list of the best ones here.

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Scientific References

1. Marco Colizzi and Sagnik Bhattacharyya: 'Does Cannabis Composition Matter? Differential Effects of Delta-9-tetrahydrocannabinol and Cannabidiol on Human Cognition'


While every effort has been made to make sure this article is as accurate as possible, it is not intended to provide legal advice. Since legal situations might rapidly change, we advise you to discuss any legal concerns with an expert, lawyer or relevant legal advisor in your local jurisdiction, or visit your state's .gov page for the most up-to-date information.


Is CBD oil legal in South Dakota for medical or recreational use?

Neither - CBD oil South Dakota isn’t legal at all. It does not matter if the oil is made out of industrial hemp or the cannabis plant - either way, as of writing this article, it is completely illegal, and you won’t be able to visit the top providers and purchase the preferred products from them within the state.

Is cannabis-derived CBD oil legal in South Dakota?

Cannabis-derived CBD, same as the more popular hemp-derived alternative, is completely illegal in South Dakota. This is true for all types of uses - no matter if you want to use it for medicinal purposes or else, it is still not legal according to the state laws in South Dakota.

Will I get in trouble with the police if I use CBD products in the US?

You might. The drug tests used by the police might provide a false-positive result if you’re using full-spectrum CBD products, even though they’d fall in-line with the 0,3% THC law. That’s why you should always consider purchasing your products from only the best providers out there, and check if CBD is legal in the state that you’re in!

What is the overall legal situation of CBD within the US?

As time goes on, more and more states within the US are becoming more lenient and tolerant towards the use of hemp-derived CBD. While marijuana is still a “hot topic”, cannabidiol that has been extracted from hemp and does not breach the federal limit of 0,3% THC is becoming more and more accepted.

Is it worth purchasing CBD oil in a brick and mortar store?

No. While some states have a huge variety of different stores that sell CBD products, you should always resort to purchasing your CBD online, from well-known and respected product providers. This way, you’ll be able to rest assured that the products are up-to-standard and fall under the legal guidelines.

Can you grow hemp with the intent to extract CBD anywhere in the US?

No, not everywhere. There are certain, specific places (states) within the US where you can grow hemp with the intent to extract and sell (use) CBD. For example, Colorado is a very popular state as far as this topic is concerned.