(Photo: Patrick Anderson / Argus Leader Media) The legality of selling and possessing CBD oil in South Dakota is murky after a changed state law has resulted in differing opinions.
As the state Legislature was concluding its work in March, new state Attorney General Jason Ravnsborg announced that all forms of CBD, also called cannabidiol, oil are illegal in South Dakota.
The changes have left "a gap" in the state's controlled substance laws, according to Minnehaha County State's Attorney Aaron McGowan and Lincoln County State's Attorney Tom Wollman "This gap has left the legality of CBD oil products open to different interpretations," they said in a joint statement.
Pennington County State's Attorney Mark Vargo said he has decided to not prosecute any cases involving CBD oil because he doesn't believe state law as its written now criminalizes CBD — as long as the product truly contains CBD and isn't marijuana.
Ravnsborg's March 25 announcement stated that use or possession of all forms of CBD oil are illegal under state law except for the FDA-approved prescription drug Epidiolex, which is used to treat a rare form of epilepsy.