South Dakota looks at hemp in the early months of 2020. The 2018 Farm Bill legalized hemp in 2018 on a federal base. However, there were some states which declined legalizing hemp in their own state. South Dakota was one of three states that outlawed hemp cultivation in 2018.
South Dakota Looks at Hemp – The 2018 Farm Bill
The Agriculture Improvement Act of 2018 or the 2018 Farm Bill legalized hemp by removing the crop and its derivatives from the definition of marijuana under the Controlled Substances Act. The 2018 Farm Bill gives the US Department of Agriculture (USDA) regulatory authority over hemp cultivation at the federal level. In turn, states have the option to maintain primary regulatory authority over the crop cultivated within their borders by submitting it to the USDA.
South Dakota Looks at Hemp – The Hemp History in South Dakota
The state will require licenses, testing, and compliance with USDA rules. Notably, the law requires permits to transport hemp throughout the state, so presumably this applies to even people passing through. Unfortunately, the law also states that people transporting hemp are deemed to have consented to searches without warrants to determine whether hemp is actually marijuana. This seems rather suspect.
When it comes to Hemp CBD, South Dakota has been unfriendly until early 2019 At this time the state passed Senate Bill 22, which placed Epidiolex on South Dakota’s controlled substances law on Schedule IV. This is the FDA approved seizure medication using Charlotte’s Web CBD hemp flower. Also in 2019, the South Dakota Attorney General made a declaration that industrial hemp and all forms of CBD oil were illegal in the state, unless if prescribed in the treatment of epilepsy, which should continue to be considered.
South Dakota Looks at Hemp – Setting up The Industrial Hemp Program
South Dakota looks at hemp with a bill that included $3.5 million in funding to set up the industrial hemp program. After South Dakota’s hemp growing program is in place, the agriculture department of South Dakota sends it to the U.S. Department of Agriculture for approval. That was projected to take until late June. So, we have no acreage numbers to provide here.
Governor Noem did want to place four guardrails to assure that the hemp program stayed within the correct perimeters. These are the four guardrails:
- reliable enforcement,
- responsible regulation,
- safe transportation,
- adequate funding.
Legislators and the Governor Noem had different scenarios for funding needed to set up a state hemp program, but $3.5 million was the end amount.
“South Dakota Hemp” Last Words
Many people still misunderstand hemp because they either have not benefited from it or else see it as skirting too close to the edges of marijuana. There are safeguards in place to prevent psychoactive effectives to wander into the CBD products. This is why testing is so important. Before purchasing any CBD products make sure you check the 3rd party testing that verifies the 0.3% THC or less.
If you want more information on all things CBD, read other posts here on our blog.