RAPID CITY, S.D. (KOTA TV)- Back in May, police seized 16 individual and bundled packages of CBD oil products from Staple and Spice Market because they contained trace amounts of THC.
Now, Pennington County State's Attorney Mark Vargo says there will be no charges against the store.
To charge someone with distributing a controlled substance, there needs to be proof that the person knowingly sold the item.
Vargo says after this incident, a letter was sent out to Staple and Spice and other stores that sell or were looking to sell CBD oils.
It explained they found THC in the confiscated CBD oil products, and that the state will offer assistance to stores if they are looking to find independent labs to test products before they're sold.
"I would think it would be very unfair to play gotcha with the business and tell them they are responsible for a felony offense because their manufacturer made representations that turned out not to be true," says Vargo.
Vargo says the best thing stores can do to prevent this from happening, is to go through independent testing, and to be aware of labeling.
Even if the label says there is less than .3% of THC in the item, it's not a violation of federal law, but it is illegal to sell in South Dakota.