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CBD oil taken from South Dakota store after THC found

May 26, 2019

RAPID CITY, S.D. (AP) — Police in a South Dakota city say they have seized hemp-derived CBD oil from a health store because the products contained trace amounts of THC, the psychoactive component in marijuana that causes a high.

Rapid City police spokeswoman Brendyn Medina told the Rapid City Journal Friday the department got a tip that some of the CBD oil at Staple and Spice Market may have THC. Store owner Carol Pugh said authorities took about $3,000 worth of products Thursday afternoon after an officer bought some and tested them.

Pugh said she thought the CBD oil was safe to sell.

“I did what I thought was my due diligence as a retailer of 28 years,” she said.

Pugh acknowledged that what police seized — 16 individual or bundled packages — have a “trace amount” of THC, about .03%. But she noted that the recently passed federal farm bill allows industrial hemp to contain up to .3%.

“I think I’m in a gray area,” she said.

Pugh’s store sells other CBD products without any THC and those weren’t seized.

South Dakota prosecutors have reached different conclusions about CBD oil. Pennington County State’s Attorney Mark Vargo previously said he won’t prosecute hemp-derived CBD oil cases if there’s no marijuana. But state Attorney General Jason Ravnsborg said he considers all hemp and CBD oil illegal.

Vargo said he hasn’t seen documents related to the authorities’ search of Pugh’s store so he doesn’t know whether he’ll file charges.

“The bottom line is I believe CBD, in and of itself, is not illegal,” Vargo said. But he added that CBD with THC is “clearly illegal.”

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Information from: Rapid City Journal, http://www.rapidcityjournal.com

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