It's been one month since law enforcement raided a local health food store and seized hemp-derived CBD oil that they said contains THC, but no charges have yet been filed by local prosecutors.
Pennington County State's Attorney Mark Vargo said this week he has not decided whether to press charges after the products were taken May 23 from the Staple and Spice Market in downtown Rapid City.
He said he's also considering whether to publicize formal guidelines for stores interested in selling CBD oil products.
Vargo has previously said he believes CBD oil is legal since it's not marijuana and not listed as illegal in South Dakota. But he said products containing THC (tetrahydrocannabinol) are illegal since the chemical is listed under South Dakota Codified Law 34-20B-14.
Vargo's position differs from South Dakota Attorney General Jason Ravnsborg who argues all hemp and CBD oil products are illegal.
Store owner Carol Pugh said this week she hasn't heard from Vargo since the seizure.
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"We're all sort of waiting" to see what happens, she said.
Pugh added that she's not anxious about possibly being charged.
"I'm going on with business as usual. I've done nothing wrong," she said.
The CBD products seized from Staple and Spice contain THC, the psychoactive chemical found in marijuana, the Rapid City Police Department said at the time of the raid.
The search warrant said officers can take products by Plus CBD Oil, a San Diego-based company that creates hemp-derived CBD products. The products contain less than .3% THC, according to the company's page on hemp. Anyone who must pass a drug test should not use their products since they're "not completely THC free," the company says on its FAQ page.
Pugh said a Rapid City police officer told her that one of the agency's detectives previously purchased items from the store, tested them and found they are positive for THC. The news release also said the products were tested at a forensic lab and "returned positive results for measurable amounts of THC content."