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Is possession of CBD oil still illegal in South Dakota?

On Behalf of | Jan 13, 2021 | Uncategorized |

The November 2020 elections are going to go down in history for a number of reasons. For South Dakota, it is the year voters chose to decriminalize cannabis oil and marijuana possession and use for adults. However, the governor and anti-marijuana groups are still working on fighting the passing of these laws. This has many people confused about whether the possession of CBD oil is still illegal in South Dakota.

As of right now, yes, the use and possession of CBD oil and marijuana are still illegal in South Dakota. The law changes voted on by state residents are not set to become active until July 1 of this year.

What are the proposed law changes residents voted on?

First, there is Constitutional Amendment A. This deals with:

  • Legalizing
  • Regulating
  • Taxing marijuana sales

This law, specifically meant for residents who are 21 years old and above, passed with 54% voter support. The second is Measure 26, which deals specifically with the creation of a medical marijuana program. This measure passed with 70% voter support.

Why might these changes not go into effect?

The problem right now is various lawsuits filed in an attempt to stop these measures from becoming law. The governor is behind at least one of the lawsuits. Only time will tell if the court will overturn the will of the voters.

What does this mean for you right now?

It means that, if you find yourself arrested and charged with possession of CDB oil, or marijuana in general, regardless of whether you have a medical need for it, you are subject to the laws and penalties that are still currently in the books. Depending on the details of your case, this means you could face fines and time behind bars if convicted on this type of drug possession charge.

Defend yourself

South Dakota currently has some of the toughest marijuana laws in the country. While those laws should be changing soon, for now, if you find yourself charged with a marijuana-related crime, including the possession of CBD oil, you need to treat the charges seriously. An experienced criminal defense attorney will have the ability to question any evidence offered in your case, plan and present a strategic defense and take every available step to help you achieve the best outcome possible.