RAPID CITY, S.D. (AP) — The top prosecutor in Pennington County says he won't prosecute cases involving hemp and CBD oil, contradicting a decision by the South Dakota attorney general.

State Attorney General Jason Ravnsborg recently sent a release that said industrial hemp and all forms of CBD oil remain illegal in South Dakota. Pennington County State's Attorney Mark Vargo tells the Rapid City Journal that he came to his decision after speaking with Ravnsborg's staff and examining relevant state laws.

Pennington County Sheriff Kevin Thom and Rapid City Police Chief Karl Jegeris say will be following Vargo's direction and won't arrest people for CBD oil.

One owner of a Rapid City retail store that carries clothing and other products made from hemp says Ravnsborg's opinion has been detrimental to his business and others.

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