South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state’s definition of marijuana in that section.  Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year. 
On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state. 
Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” 
Medical marijuana in the United States
The measure would amend Amendment 2 (2016), which legalized medical marijuana in Florida, to redefine “medical use” under the measure to include growing up to nine marijuana plants. The measure would also add a definition for “marijuana plant.” 
After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.  Several state’s attorneys expressed disagreement with the Attorney General’s statements. Aaron McGown and Tom Wollman, state’s attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state’s attorney, said his office would not prosecute CBD cases based on his interpretation of the state law. 
The proposed ballot summary is as follows: 
ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.
(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:
You have to create an account on FDACS.gov/hemp. A valid email address will be required to validate your user profile. Then, you can submit your Hemp Cultivation Application through FDACS.gov/hemp. The portal’s user-friendly interface provides you with a checklist of steps to enable a quick and easy application process.
Nowadays, you have two options when wanting to obtain a license to grow cannabis in Florida, and legal entities – MMTCs – is one route. You can apply for it online. Not only will this authorize you to grow cannabis, but to possess, sell, and transport cannabis products as well. So, if you want to grow in Florida, you can go this route of obtaining your licenses from the Florida Department of Health.
Before coming to know how to obtain a license to grow cannabis in Florida, there are certain things you need to know, understand and get in order. The following checklist will help guide you through the process. In the light of preparations to be done in advance to seeking a permit, it will also ensure that you are granted the permit, as opposed to being rejected.
The Application Process for growing cannabis in Florida
And, on Apr 27, 2020, the Florida Department of Agriculture and Consumer Services launched the state’s online Hemp Cultivation Licensing Portal, allowing the public to apply for licenses to grow. Note that growing medicinal marijuana at home is illegal in Florida as of yet, but the state does allow you to apply for your hemp cultivation license, which means it will have to be controlled and on a large-scale.
Your online Hemp Cultivation Licensing Portal can be accessed at Hemp.FDACS.gov, or on the FDACS hemp webpage. The page also contains a link to an application checklist, so interested growers have the necessary information for a quick and relatively easy application process.
A Little Legal Background – FYI
Cannabis Growing in Florida
To be a successful applicant, be sure to know and understand the rules outlined in this article. Once you’re a licensed cannabis grower in the state of Florida, you have certain ongoing responsibilities. These include regularly reporting your anticipated harvest dates and submitting samples for THC testing. Make sure you know and continue to comply with those requirements. Happy growing!