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Attorney General Marty Jackley

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FOR IMMEDIATE RELEASE:  Monday, March 25, 2019


CONTACT: Tim Bormann (605) 773-3215


PIERRE, S.D. – Attorney General Jason Ravnsborg today issued a clarifying statement regarding the legality of Industrial Hemp and CBD oils.


“We have had numerous informal inquiries as to the legal status of both hemp and CBD oils since the legislative session concluded,” said Ravnsborg.  “It is important that the people of our state know and understand the status of the law so that they can obey it.”


Current South Dakota law makes industrial hemp illegal and all forms of CBD oil illegal. 


The only exception is the prescription drug Epidiolex which was recognized by this year’s legislature as a controlled substance under SB 22.  Governor Kristi Noem signed that bill into law on February 19, 2019, with an emergency clause, therefore having the law go into effect immediately.


This action leaves any other use or possession of CBD oil as a violation of state law.


“Some of the confusion is likely resulting from the fact that the federal government legalized the production and possession of hemp in the December 2018 Farm Bill,” continued Ravnsborg.  “However, after a robust discussion of HB 1191 during the recent legislative session, the legal status under state law did not change, hemp and CBD oils remain illegal in South Dakota.”



The public is advised to contact their local state’s attorney, local law enforcement, or the Attorney General’s office with any further questions they may have at (605) 773-3215 or