Status: In South Dakota, individuals may not possess marijuana for recreation or medical use. A bill that would allow Cannabis oil use by medically qualified individuals was approved but will only take effect if the FDA approves it.
|CBD Program||Medical Program||Recreational Program||Are Applications Open?|
|Legal||Not legal||Not legal||closed|
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South Dakota CBD Program Guidelines
SB 95 simply removed CBD oil with immeasurable THC from criminalization when prescribed by a physician, but only if the FDA did the same. The FDA has not yet taken this action.
The History of South Dakota Marijuana
On the 2006 ballot, the first bill to allow medical marijuana, called The South Dakota Medical Marijuana Initiative (Initiative 4) was defeated by a narrow margin of 52-47.
In 2010, it was revived under the same name, now known as Initiative 13 where it was defeated again, but a large margin of 63-36%.
An attempt to bring the same initiative to the 2016 ballot again failed. However, in 2017, the South Dakota State Senate passed Senate Bill 95, which would remove cannabidiol (CBD oil) from the definition of marijuana. So long as the FDA approved CBD oil for use, South Dakota would consider it a Schedule IV controlled substance and legal to use. The FDA has yet to approve CBD oil for use.