Is CBD hemp flower in South Dakota legal?
What’s the current legal status of hemp flower and smokable hemp products in this state? Let’s take a look at South Dakota’s hemp laws.
Last Update: August 8, 2023
Article Summary
- CBD hemp flower with less than 0.3% THC is prohibited in South Dakota.
- The sale and use of hemp flower for inhalation is a class 1 misdemeanor in this state.
- Hemp-derived CBD products with less than 0.3% THC are legal in South Dakota. Provisions of HB 1008, or the bill that legalized hemp in this state, make it legal to manufacture, distribute, and sell CBD oil with less than 0.3% THC.
- Individuals and business entities interested in growing hemp in South Dakota must obtain a license from the state’s Department of Agriculture and Natural Resources.
Is Hemp Flower Legal in South Dakota?
Unfortunately, the sale of CBD hemp flower with less than 0.3% THC is prohibited in South Dakota.
The state legalized hemp in 2020 under HB 1008. This bill removed hemp from the definition of marijuana and set the ground for the cultivation of hemp.
But, under South Dakota’s codified laws:
“The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor.”
In 2020, the state also received final approval on its Industrial Hemp Plan. Individuals and business entities interested in growing hemp in this state must obtain a license from the South Dakota Department of Agriculture & Natural Resources.
Where to Buy Hemp Flower in South Dakota?
It’s unlikely to find hemp flower for sale in this state because of the their restrictive laws.
After the 2018 Farm Bill, the USPS approved shipping small quantities of hemp as an agricultural commodity across all 50 states. So, you can order hemp flower online if you live in this state.
To comply with USPS’s rules, we include a lab analysis report and notice to law enforcement, which confirm you are getting a legal product — hemp flower with less than 0.3% THC.
South Dakota Hemp Flower for Sale
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Our products are made from hemp grown in the best farms in Oregon, Washington State, and Colorado.
The growers that we work with have created incredible strains over the years and allows us to deliver hemp flower of the highest quality to your home.
All of our products are made from organically-grown hemp, are non-GMO, and pesticide-free.
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Avoid Using Hemp Flower is Public
Although the 2018 Farm Bill legalized hemp with less than 0.3% THC, South Dakota is behind on its hemp laws. Hemp flower resembles marijuana, and law enforcement is having trouble distinguishing between the two. So, it’s for the best to avoid smoking hemp flower in public in South Dakota.
Is CBD Legal in South Dakota?
Yes, CBD products with less than 0.3% THC are legal in South Dakota.
Except for hemp smokables, broad spectrum and full spectrum CBD oil (with less than 0.3% THC) are legal in this state.
Under the provisions of HB 1008, or the bill that legalized hemp in this state, it’s lawful to manufacture, distribute, and sell hemp-derived CBD products with less than 0.3% THC.
The bill defines “industrial hemp product” as:
“A finished manufactured product, or consumer product containing cannabidiol that is packaged for individual sale, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp.”
There are no specific provisions for adding CBD to food, but CBD-infused gummies and edibles are not explicitly banned in this state.
FAQs on Hemp Flower South Dakota State Laws
How much hemp flower can you purchase at once (or one time) in South Dakota?
The sale and use of hemp flower for inhalation is illegal in South Dakota.
Do you need a special license to purchase hemp flower in South Dakota?
Yes, you need a special license to buy hemp flower in this state and must be for the intent of distributing or processing it into a finished product.
Is it legal to sell hemp flower in South Dakota?
Currently, it’s illegal to sell hemp flower in South Dakota. Although hemp is a legal crop, the state doesn’t allow its distribution and sale to end customers.
Is CBD from hemp legal in South Dakota?
Yes, CBD from hemp is fully legal in South Dakota.
Where can you buy hemp flower in South Dakota?
You can order hemp flower online if you live in South Dakota. But it’s best to avoid these products because they are banned in this state.
Is CBD oil legal in South Dakota?
CBD oil with less than 0.3% THC is legal in all 50 states, including South Dakota.
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