Updated on June 22, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
While not all states have medical marijuana programs, some of them have CBD programs instead. The marijuana compound cannabidiol (CBD) doesn’t have psychoactive effects, which makes it more appealing to some lawmakers. Unfortunately, South Dakota has strict regulations on both medical marijuana and CBD.
According to South Dakota’s codified laws, cannabidiol counts as a Schedule IV drug. A Schedule IV substance has a low potential for abuse or dependence. However, these drugs require a prescription for use. South Dakota’s specific rules regarding CBD add further restrictions.
CBD does not count as marijuana under state law, but South Dakota defines it as a drug product approved by the United States Food and Drug Administration (FDA). In other words, the CBD oil you can find in some wellness stores does not qualify as legal CBD. Only Epidiolex, a CBD drug prescribed for seizures, has FDA approval. This means that only patients with certain seizure disorders can legally use CBD.
Epidiolex is the only legal form of CBD in South Dakota. The FDA suggests it for seizures caused by Lennox-Gastaux syndrome or Dravet syndrome in patients over two years old. Doctors could possibly prescribe it off label for other seizure disorders. However, off-label prescriptions can bring complications with insurance coverage.
As researchers study Epidiolex further, the FDA may recommend more uses for Epidiolex. In the meantime, you need to get a prescription for your seizures and hope for the best. Plenty of anecdotal evidence suggests that CBD solutions like Epidiolex could relieve additional symptoms like chronic pain and severe inflammation.
You can only get CBD legally in South Dakota through a prescription for Epidiolex. In some states, you can follow certain federal laws to get legal CBD supplements. However, South Dakota’s laws override these laws and make it unsafe to buy these products. Some stores carry CBD products anyway, but they can get raided by the police.
While South Dakota patients have few options, every prohibition state in the U.S. has hope. More states legalize marijuana medicine as time goes on. Some states close to South Dakota have a medical marijuana program, including North Dakota. The pressure from surrounding areas may eventually influence South Dakota to change its laws.
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