Law banning CBD oil might not be so clear

Published: Apr. 11, 2019 at 7:25 PM CDT
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Is CBD oil legal in South Dakota? It seems there is some gray area.

The Legislature in February updated its schedule, or list, of illegal drugs. In the old law there was language that clearly stated that all CBD oils, or cannabidiols, were illegal.

In the new law there is new language that allows for the prescription use of Epidiolex which contains cannibidiols. But gone is the old clear ban on CBD oils and cannabidiols.

The state attorney general said last month that he sees nothing that is unclear. "All forms of CBD oil are illegal," he said in a statement.

A local prosecutor is less sure.

"What I'm trying to do is make sure that I understand completely what the Legislature did and did not do that would render CBD or cannabidiols legal or illegal," said Mark Vargo, the Pennington County state's attorney. "And until I've made up my mind and have had full discussions with the attorney general's office I do not want people to assume that they can sell them. But I have not become convinced that we can bring a prosecution based on the current state of the law."

Vargo says he hopes to confer with the attorney general's office soon and decide on how to handle these case going forward. It's possible the issue ends up in the courts ... or back in the Legislature next session.

What is CBD Oil?

Do an internet search for CBD oil and you get a lot of pro and con websites that really need to be vetted before you take the pitches as fact. 

The Centers for Disease Control doesn’t have much; a little bit about the benefits but with a warning: 

Therapeutic Benefits 

Cannabis-based products, such as man-made cannabinoid-based medications, may help prevent and ease nausea caused by chemotherapy. 

For adults with multiple sclerosis-related muscle spasms, short-term use of certain man-made and cannabinoid-based medications improved their reported symptoms. 

What you need to know about cannabis and chronic pain 

There’s a lot of uncertainty around using cannabis for chronic pain. Cannabis-based products may help treat chronic pain in some adults, but more information is needed to know if pain relief from cannabis is any better or worse than other pain management options, such as over over-the-counter drugs like ibuprofen or alternative treatments like occupational therapy. 

More research is needed to know the specific indications, ideal doses, and how to avoid adverse effects—such as headache, nausea, sleepiness, and dizziness—that are related to medical cannabis use.