RAPID CITY S.D. (KOTA TV) - Thursday at 4:50 p.m. police officers came into the Staple & Spice Market and took 16 bags full of CBD products, totaling to nearly $3,000. They claim the Plus CBD Oil manufactured by CV Sciences has THC.
"We did confer with CV Sciences yesterday, the gold product does have .03% THC in it, that's a trace amount, the legal limit is .3% in all 50 states," says Carol Pugh the owner of Staple & Spice Market.
Pugh knew this brand had a small amount of THC so she claims she went to Pennington County State's Attorney, Mark Vargo, and asked him if that type of CBD oil would be okay to put on her shelves.
Vargo has no record of this conversation.
"I have not endorsed or given anyone an indication to which brands of CBD oil may in fact be legal. She may be reffering to the fact that I had indicated CBD oils, if that's all they were, were legal, but I'm not sure what she's talking about in terms of specific brand clearance," says Vargo.
Vargo says no matter the percentage of THC, under South Dakota state law, it's illegal. He says if someone knows about the levels of THC and continues to sell, legal actions would be taken.
"In the instance where somebody sold something, they thought there was no THC in it, turns out that there was THC in it, we would still have to prove that they did so knowingly before we could bring a criminal charge," says Vargo.
Vargo plans to receive more of the police and lab reports over the weekend and first part of next week but for now, no arrests have been made