It’s hard to go online and not see something relating to CBD oil anymore. From beauty products, lotions, foods, and supplemental pills and oils. The market for these is growing rapidly. And there is an increasing amount of science and research being done to show benefits and side effects of CBD.
The problem is that CBD oil is still illegal in South Dakota. And laws and regulations are murky at best. This also means any forms of CBD or cannabis are not legal.
South Dakota’s Stance
Zero tolerance. There are billboards saying it and South Dakota has a record of being tough on cannabis crimes.
This was seen again as Governor Kristy Noem stated that she would take a hard stance against any cannabis legislation. As well as veto any upcoming legislation on legalizing it.
There are currently states that have legalized cannabis. Some that do medicinal only cannabis. Most states have decriminalized it. Taking away from policing it. Only South Dakota and Idaho have complete bans on all hemp and cannabis products. With South Dakota leading the nation on enforcement. We are also the only state to have felony charges for ingestion.
This does not include Epidiolex. This is a drug made from cannabis that is legal nation wide.
CBD Is Not Cannabis Right?
This is, and isn’t correct. CBD oil derived from hemp does not contain THC. Cannabis oil does contain THC. And as of now, the FDA does not regulate it. So the fact that it does or doesn’t contain THC, is not a necessarily accurate. As the company’s selling CBD oil are not being checked.
This has been a problem in other states were CBD has been legalized, but cannabis has not. If the oil contains THC after it’s tested, it’s illegal. You may not even realize it. This is where things get a bit hazy. You can’t possibly know if a product contains THC. You have to take the manufacturers word for it.
To make it more difficult, some states allow the sale of CBD with THC. Which makes it legal for them. Not for you in your state though. Once again, it’s on you to know.
And in either case, they are illegal in South Dakota.
What Has Washington Said?
In 2018 the Ag Improvement Act was put into place. It stated that hemp was no longer a banned substance.
What did it say about CBD specifically? Strangely enough, nothing. They are leaving it up to each state to decide their own best interests. And the FDA won’t validate any good or bad effects of CBD or cannabis. Washing their hands of it for other states to find out. However, increasing pressure from all states to create guidelines is pushing them and legislation to do more. Click here to see the FDA statements on it.
This poses the big question. How long will the states be allowed to decide for themselves? In the age of the internet and social media, is it possible for each state to be held individually accountable for regulation? When all states get the same online advertisements. And even if the CBD oil were legalized, how would it be regulated? The clock is more than likely ticking for them to pass their own regulations.
What Happen’s If I Use CBD Oil?
The short answer? Nothing. Because of the nature of the issue, people over all have not been prosecuted. Even though the laws state that you could be.
This has included nutritional stores having the oils on their shelf. They have been told to stop selling it, even though charges have not been pushed so far. This could change depending on the circumstance. And it is up to the state’s attorney or district attorney to pursue it further. Even though the state’s attorney has even said in some instances, that it’s up to the district. Online sales are not currently regulated even though prohibited.
As far as side effects of use? Let’s start with the bad. According too Harvard Health Publishing, CBD can cause nausea, fatigue and irritability. It can also increase the level of Coumadin and other medications in your blood the same as grapefruit juice would. Another thing to note, is that currently there is no recommended dose.
The good effects seem to be limitless, yet unfounded. Some effects that have been acknowledged have been for helping anxiety, depression, pain relief, and even cancer treatment. Click here to see a full report from healthline.com.
Cannabis is also being researched for use in getting rid of oppiode dependency that has grown at an alarming rate in the US. Since there are no recorded case’s of overdose of cannabis, this may be a realistic step away from some prescription drugs.
The Future Of CBD and Cannabis
In the age of the internet and people looking for new ways to improve their health, the CBD craze probably isn’t going away soon. The question is more, what will it look like? States like South Dakota are quickly becoming a minority in what seems to be a race to complete legalization. And will states be forced to take what is given to them in the end? Only time will tell.
As a state, I think we all want what is best for us. Should cannabis be legalized? Should South Dakota only allow prescription cannabis? Should South Dakota only allow CBD? What are your thoughts?
CBD Article Update 2022
In 2020 Industrial hemp and CBD oil did get legalized in a bill in South Dakota. Medical Marijuana has been legalized as well. However, CBD restrictions are still a bit difficult to understand. And there are few dispensaries for South Dakota for medical Marijuana. Here is the the bill passed for CBD.
And now, with Recreational Marijuana being voted on again in November 2022, this story is far from over. Since the first time it was voted on it was passed by majority vote. But vetoed by Kristy Noem.