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Bill prohibiting hemp-derived THC takes effect after injunction fails

A judge has declined to block a bill prohibiting the sale of products that use THC derived from hemp.

That means the new law joined hundreds of others in taking effect this week in South Dakota.

The law closes a loophole in the 2018 farm bill that allows companies to take THC from legally produced industrial hemp and concentrate it. That’s how gummies and other high-inducing THC products are able to be sold in states where marijuana is illegal.

A Pierre-based vape shop filed a lawsuit challenging the new law, arguing it violates federal law.

The business sought an injunction to prevent the law from taking effect while the lawsuit plays out in court. A U.S. District Court judge denied that request.

This ruling does not impact the lawsuit itself.