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.
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.