Law banning CBD oil might not be so clear

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RAPID CITY, S.D. (KOTA TV) -- 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.