South Dakota Administrative Code

44:90:04:15. Operation of agricultural, industrial, or other heavy equipment – Training requirements. Establishment agents shall: (1) Receive thorough training in the safe operation of any heavy agricultural equipment, industrial equipment such as extraction and packaging equipme…

44:90:04:16. Record-keeping -- Use of inventory tracking system -- Training requirements. Prior to performing duties onsite or transporting cannabis, a medical cannabis establishment agent shall receive at minimum two hours of training in record-keeping. The agent’s training must…

44:90:04:17. Security protocols -- Training requirements. Each establishment agent shall receive training in all aspects of the establishment’s security protocol. The training must focus on the agent’s role in deterring and preventing theft and preventing unauthorized access to t…

44:90:04:18. Vehicle requirements -- Establishments. Establishments shall provide the following information to the department for each vehicle that will be used to transport cannabis or cannabis products, including samples for testing: (1) Make, model, and license plate number; (…

44:90:04:19. Transport manifests -- Form and content. A transport manifest is required for all authorized transfers of any amount of cannabis or cannabis products, except retail sales at a dispensary. The transport manifest must contain: (1) The name, address, phone number, and l…

44:90:04:20. Separate transport manifest required. A separate transport manifest shall be prepared for each medical cannabis establishment that will receive cannabis or cannabis products. The vehicle must carry three copies of each transport manifest: (1) One for the recipient; (…

44:90:04:21. Storage during transport. All cannabis or cannabis products being transported must be contained within an enclosed, locked area in the transport vehicle and out of public view. Samples of cannabis and cannabis products for testing must be transported in appropriately…

44:90:04:22. Conduct during transport. Only agents of the medical cannabis establishment who are listed on each transport manifest may be in the vehicle. Each agent shall wear an agent identification badge while in the vehicle. Any vehicle transporting cannabis or cannabis produc…

44:90:04:23. Transport incident notification. Any traffic stop, breakdown, collision, or unscheduled stop lasting more than two hours involving a vehicle being used by a medical cannabis establishment to transport cannabis or cannabis products, must be reported to the department …

44:90:04:24. Health and safety standards for storage. A medical cannabis establishment shall store cannabis and cannabis products, unless on display for sale: (1) In secure, sealed containers that protect against damage from light, water, insects, or rodents; and (2) Under enviro…

44:90:04:25. Scales. A scale used at any point during the process of cultivating, manufacturing, testing, or dispensing of cannabis or cannabis products must be certified in accordance with SDCL chapter 37-21. Source: 50 SDR 62, effective November 27, 2023. General Authority: SDC…

44:90:04:26. Fences and gates. Any medical cannabis establishment cultivating, processing, or storing cannabis or cannabis waste in an outdoor area or in a greenhouse or other structure that does not meet all security requirements for buildings under this article, shall secure th…

44:90:05:01. Cultivation activities -- Compliance with operating procedures. A cultivation facility shall have a principal officer or other manager onsite whenever establishment agents are present. The principal officer or other manager shall ensure that all activities comply wit…

44:90:05:02. Packaging and labeling cannabis for retail sale. A cultivation facility may package and label for retail sale in packages of three ounces or less: (1) Cannabis flower and trim; and (2) Pre-rolled cannabis cigarettes, containing only cannabis flower or trim, an unflav…

44:90:05:03. Cultivation equipment -- Safety. All electrical equipment in a cultivation facility must be listed by a nationally recognized testing laboratory. Source: 48 SDR 40, effective October 5, 2021. General Authority: SDCL 34-20G-72(5)(e). Law Implemented: SDCL 34-20G-72(5)…

44:90:05:04. Cultivation area. Any cultivation of seedlings, immature plants, or mature plants shall take place in: (1) An indoor facility meeting all security requirements of this article; (2) One or more greenhouses meeting all security requirements of §§ 44:90:04:05 through 44…

44:90:05:05. Hours of operation -- Exigent circumstances. Agents of a cultivation facility may not, outside of the hours of operation stated in the facility’s approved operating procedures, plant, feed, water, treat, move, harvest, dry, cure, package, or destroy cannabis, except:…

44:90:05:06. Fences and gates. Repealed. Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.

44:90:05:07. Safe application of pesticides and other chemicals used in cultivation -- Training requirements. Any establishment agent who applies a department-approved pesticide shall hold a current pesticide applicator certification issued by the South Dakota Department of Agric…

44:90:05:08. Application of pesticides. The use of a pesticide in the cultivation of cannabis is prohibited unless it: (1) Is listed in the cultivation facility’s operating procedures filed with the department; and (2) Contains only those active ingredients approved by the depart…

44:90:05:09. List of approved active ingredients in pesticides. The department approves the following substances as active ingredients in pesticides when used in a manner consistent with the product label: (1) Synthetic chemical agents: (a) Auxin; (b) Azadirachtin; (c) Capric aci…

44:90:05:10. Safety of cannabis -- Use or presence of prohibited pesticides -- Contaminants. The use or presence at a medical cannabis establishment of any pesticide with an active ingredient not on the approved list is a violation of this article and SDCL chapter 34-20G, and any…

44:90:06:01. Required accreditation and registration -- Drug Enforcement Agency. Upon successful registration, a cannabis testing facility must: (1) Prior to accepting cannabis or cannabis products for testing, begin working with an accreditation body to ensure compliance with ap…

44:90:06:02. Adherence to standard operating procedures -- Quality control and quality assurance. A cannabis testing facility shall adhere to: (1) Written procedures for all preanalytical, analytical, and post-analytical processes; (2) Quality control and quality assurance manual…

44:90:06:03. Sample collection. Each cannabis testing facility shall adopt standard operating procedures for the collection of samples for testing that must address: (1) Standards for the assignment of batch identifiers and sample identifiers; (2) Minimum quantity of cannabis and…

44:90:06:04. Field audits. Field audits must be conducted at least quarterly by the cannabis testing facility’s quality assurance staff to verify that samples are being collected in accordance with the cannabis testing facility’s standard operating procedures as follows: (1) Revi…

44:90:06:05. Chain of custody protocols. The chain of custody protocols developed by a cannabis testing facility must be approved by the department and must address: (1) Recording the possession of samples from the time of sampling through destruction; (2) Retaining for not less …

44:90:06:06. Chain of custody -- Form. The chain of custody form must include: (1) The sample location;(2) The number and types of containers;(3) The mode of collection;(4) The authorized individual who collected the sample;(5) The date and time of collection; and(6) The requeste…

44:90:06:07. Reporting of test results. The results of any analytical test of cannabis or cannabis products shall be provided to the cannabis cultivation facility or cannabis product manufacturing facility in the form of a certificate of analysis. The cannabis testing facility sh…

44:90:06:08. Analytical testing result verification. Prior to January 1, 2024, all medical cannabis and cannabis products tested by cannabis testing facilities are subject to routine confirmation testing by the department or department designee. The department shall conduct confi…

44:90:06:09. Results of confirmation testing. Results of confirmation testing conducted pursuant to § 44:90:06:08 must be made available to the originating cannabis testing facility. If initial testing results are found to be conforming, no additional action will be taken. If dis…

44:90:06:10. Transportation to the South Dakota Public Health Laboratory. A cannabis testing facility that is directed by the department to transfer cannabis to the South Dakota Public Health Laboratory for testing pursuant to § 44:90:06:08 may transport the cannabis by use of a …

44:90:07:01 Manufacturing practices. A cannabis product manufacturing facility shall follow standard operating procedures to ensure workplace, environmental, and product safety: (1) Ensuring that all equipment and surfaces that come into contact with cannabis or other ingredients…

44:90:07:02. Work environment. As applicable, all agents of a cannabis product manufacturing facility shall: (1) Work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present; (2) Use proper eye protection, r…

44:90:07:03. Cannabis product nonusable. A cannabis product is nonusable if it contains: (1) For an inhalable cannabis product: (a) A level of any contaminant listed in § 44:90:05:10 at or in excess of the corresponding action level specified in that section; or (b) Residual solv…

44:90:07:04. Prohibited manufacturing activities. A cannabis product manufacturing facility may not: (1) Manufacture a product in the distinct shape of human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone …

44:90:07:05. Extraction -- Approved operating procedures. A cannabis product manufacturing facility shall conform with the standard operating procedures for extraction methods described in its operating procedures and may not extract cannabis using any other methods without prior…

44:90:07:06. Generally safe concentration methods. The following methods of preparing concentrated cannabis are permissible if listed in the establishment’s operating procedures on file with the department: (1) Mechanical concentration using: (a) Potable water and ice made from p…

44:90:07:07. Potentially hazardous extraction methods. The department shall permit extraction using the following substances, if 99 percent or greater in purity and if the department deems storage, preparation, electrical, gas monitoring, fire suppression, and exhaust systems met…

44:90:07:08. Extraction using inherently hazardous substances. Before performing extraction using an inherently hazardous substance, the establishment must have prior physical inspection and written approval by an engineer licensed pursuant to SDCL chapter 36-18A that the establi…

44:90:07:09. Edible cannabis products. A cannabis product manufacturing facility that has declared edible cannabis products as part of its approved operating procedures shall: (1) Obtain a South Dakota food service establishment license, pursuant to SDCL chapter 34-18, covering o…

44:90:08:01. Preventing unauthorized access -- Age verification. No dispensary may allow entry into areas containing cannabis without first identifying an individual as a cardholder or other person authorized pursuant to § 44:90:04:14. No dispensary may allow entry to an age-rest…

44:90:08:02. Preventing unauthorized access -- Age verification -- Website or mobile application. Any website or mobile application developed or hosted by an establishment must: (1) Include verification that the visitor is a cardholder or nonresident cardholder, except an age-res…

44:90:08:03. Preventing unauthorized sales -- Training requirements. Before interacting with any cardholder, any employee of a dispensary shall be trained to: (1) Determine the authenticity of registry identification cards; (2) Verify that the person presenting a registry identif…

44:90:08:04. Sales of cannabis and cannabis products. No cannabis or cannabis product sale may take place at any location other than at a certified medical cannabis dispensary. All sales must take place at a certified medical cannabis dispensary in clear view of security cameras.…

44:90:09:01. Mandatory testing prior to transfer for retail sale. A medical cannabis establishment must test every batch of cannabis or cannabis product intended for retail sale in final form prior to transfer. Any alterations made by a medical cannabis establishment after receip…

44:90:09:02. Absence of mandatory testing. The absence of mandatory testing may not be interpreted to allow: (1) The use of prohibited solvents or pesticides; (2) Agricultural or manufacturing practices that promote the growth of mold, yeast, or bacteria; or (3) Soil or growing m…

44:90:09:03. Prohibited transfer of cannabis or cannabis product -- Exceptions. Except as allowed by § 44:90:09:11, no cannabis or cannabis products may be transferred by a cultivation facility or cannabis product manufacturing facility to a dispensary unless: (1) A cannabis test…

44:90:09:04. Retention of certificate of analysis. A cannabis product manufacturing facility or medical cannabis dispensary shall maintain the certificate of analysis for any cannabis or cannabis products for 180 days or until all of the cannabis or cannabis products have been tr…

44:90:09:05. Payment of fees associated with testing. The medical cannabis establishment submitting the cannabis or cannabis products for testing shall pay all fees associated with testing. Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022. General …