South Dakota Administrative Code

44:90:09:06. Creation of batches. A cultivation facility or cannabis product manufacturing facility shall: (1) Divide cannabis into homogenous batches not to exceed 50 pounds, and as directed by a cannabis testing facility; (2) Divide cannabis products into homogenous batches as …

44:90:09:07. Collection of samples -- Designee training requirements. A cannabis testing facility or a designee of a cannabis testing facility shall collect representative samples for laboratory testing from each batch of cannabis or cannabis products created pursuant to § 44:90:…

44:90:09:07.01. Requirements for samples of cannabis and cannabis products. With the exception of pre-rolls, all cannabis and cannabis products must be in final form ready to be packaged upon receipt of passing results for all required tests in order to be sampled. A cannabis cul…

44:90:09:07.02. Procedures to ensure representative sampling. A cannabis testing facility or a cannabis testing facility designee must sample in accordance with the cannabis testing facility's own sample collection procedures as well as the following procedures to ensure represen…

44:90:09:08. Packaging of samples for testing. All samples of cannabis or cannabis products must be transferred to a testing facility in sealed, child-resistant, and tamper-evident containers that are supplied by a testing facility or that meet criteria specified by a testing fac…

44:90:09:09. Storage while awaiting test results. A cultivation facility or cannabis product manufacturing facility awaiting testing results shall: (1) Enter the identification number of the batch and the identification number of the samples associated with the batch into the est…

44:90:09:10. Receipt of results -- Remediation. Upon receipt of a certificate of analysis indicating that cannabis or cannabis products comply with SDCL chapter 34-20G and this article and after the cannabis testing facility updates the inventory tracking system, the cannabis cul…

44:90:09:11. Remediation of nonusable batches. A cultivation facility or cannabis product manufacturing facility may elect to remediate a batch of cannabis or cannabis products that failed testing, provided that: (1) Cannabis and cannabis products that fail tests for metals or pe…

44:90:09:12. Destruction of nonusable batches -- Notice and recall. If a cultivation facility or cannabis product manufacturing facility is unable or unwilling to remediate a nonusable batch of cannabis or cannabis products, the establishment shall: (1) Note in the inventory trac…

44:90:10:01. Packaging for retail sale -- General requirements. A dispensary shall transfer any cannabis or cannabis products to the patient or designated caregiver in packaging that is: (1) Child-resistant in compliance with 16 C.F.R. § 1700.15, in effect on July 21, 1995; (2) T…

44:90:10:01.01. Packaging for transfer or sale -- General requirements. All cannabis or cannabis products shall be packaged for transfer or sale in containers that: (1) Are fully enclosable; (2) Are tamper-proof; (3) Are resealable; (4) Protect the packaged item from contaminatio…

44:90:10:02. Packaging of cannabis flower or trim or inhalable cannabis products for retail sale. Cannabis flower or trim or an inhalable cannabis product shall be transferred by a dispensary in a container that is fully enclosed on all sides, as follows: (1) If the container is …

44:90:10:03. Packaging of edible cannabis products for retail sale -- Tinctures, oils, and beverages excluded. Edible cannabis products must be packaged as follows: (1) Single-serving edible cannabis products, other than tinctures, oils, and beverages: (a) Must be placed into a c…

44:90:10:04. Packaging of cannabis tinctures and oils for retail sale. Cannabis tinctures or oils may not contain more than five thousand milligrams of tetrahydrocannabinol per container and must be packaged: (1) In a glass or plastic vial or dosage syringe, either: (a) With a re…

44:90:10:05. Packaging of cannabis beverages for retail sale. Cannabis beverages shall be packaged as follows: (1) Single-serving cannabis beverages that do not contain more than ten milligrams of THC must be packaged in: (a) A child-resistant container; (b) A metal can with a st…

44:90:10:06. Packaging of topical cannabis products for retail sale. Ointments, creams, and lotions must be packaged in a child-resistant container that has a resealing cap or closure compliant with 16 C.F.R. part 1700.15 (July 21, 1995). Dry bath soaks and transdermal patches mu…

44:90:10:07. Labeling required. All cannabis and cannabis products must be labeled in accordance with this chapter before sale or transfer to the patient or designated caregiver. Prior to transferring cannabis to a dispensary, a cultivation facility shall label the marketing laye…

44:90:10:08. Format of labeling -- Font size -- Multiple labels. All required information must be printed clearly in English on the label in type no smaller than six-point font (1/12 inch). An establishment may affix an extendable, accordion-style label, layered label, or multipl…

44:90:10:09. Labeling claims -- Results of testing. The results of any testing mandated by the department must be included on the label of any cannabis or cannabis product. The label must state the THC content in milligrams of total THC and as a percentage of the product’s weight…

44:90:10:10. Expected effects -- Time to take effect -- Duration of effect. The label of any cannabis or cannabis product must indicate: (1) The length of time, in hours or minutes, that it may take the patient to feel effects; and (2) The length of time the patient should expect…

44:90:10:11. Ingredients -- Allergen warnings. The label of any cannabis or cannabis product must identify any pesticides used in cultivation. The label of any cannabis product must list all ingredients and, if applicable, gases, solvents, or other chemicals used in extraction. T…

44:90:10:12. Contents -- Expiration date -- Net weight or volume -- Nutritional information. The label of any cannabis or cannabis product must: (1) Include an expiration date that does not exceed twelve months for edible products or fourteen months for non-edible cannabis or can…

44:90:10:12.01. Required warnings -- Indication that product contains cannabis -- Side effects -- Legal status of cannabis. The department shall design a standard symbol that indicates an item contains cannabis or cannabis extract that shall be used by all registered establishmen…

44:90:10:12.02. Repurposing of expired flower or concentrate -- Retesting of expired concentrate -- New expiration date. After the initial expiration date: (1) Flower may not be retested but may be extracted and manufactured into a new product, subject to the testing requirements…

44:90:10:13. Identifying information -- Establishment identification number -- Batch -- Dates. The container or exit packaging for any cannabis or cannabis product sold by a dispensary must identify: (1) The registration number of any cultivation facility, cannabis product manufa…

44:90:10:14. Labeling prohibitions. No label may: (1) Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a cannabis testing facility certified in accordance wit…

44:90:10:14.01. Prohibited forms of advertising. Unless and until the United States Drug Enforcement Administration removes marijuana or cannabis as a Schedule I controlled substance, no establishment may advertise: (1) On a sign or billboard, except that a dispensary may adverti…

44:90:10:15. Target audience -- Establishments and adult cardholders only -- Prohibition on advertising to practitioners. Advertisements must be targeted as directly as possible to other establishments, cardholders who are 21 years of age or older, and readers of medical publicat…

44:90:10:16. Advertising on websites, social media, and mobile applications. Any advertising on websites, social media, or mobile applications must include: (1) A verification that the recipient is not an age-restricted cardholder; and (2) A permanent opt-out feature. Source: 48 …

44:90:10:17. Prohibited content -- Advertisements. No advertisement for a medical cannabis establishment may: (1) Make deceptive, false or misleading statements; (2) Make claims related to potency beyond listing the cannabinoid content of the cannabis or cannabis product advertis…

44:90:10:18. Required information -- Advertisements. Any advertisement must contain the following information: (1) A statement: For medical use by qualifying patients only.; and (2) The medical cannabis establishment identification number of the establishment responsible for the …

44:90:10:19. Nonconforming advertising. Any nonconforming advertising is a violation of this article and SDCL chapter 34-20G. (1) Upon notification by the department, the establishment shall cease the nonconforming advertisements and remove any nonconforming advertising from webs…

44:90:11:01. Inventory tracking -- Requirements and procedures. A medical cannabis establishment shall use an inventory tracking system prescribed by the department to create all required inventory records, transfer records, testing sample records, and transaction records. An est…

44:90:11:02. Retention of records -- Electronic and paper -- Amended records. A medical cannabis establishment shall maintain, for a minimum of 18 months, the following records: (1) All point of sale records, whether in electronic or paper form; (2) Transport manifests; and (3) D…

44:90:11:03. Daily inventory record. A medical cannabis establishment shall maintain and update by midnight of each day of operation, an electronic record of the establishment’s inventory of cannabis and cannabis products that must: (1) For prepackaged cannabis or cannabis produc…

44:90:11:04. Daily transfer record. A medical cannabis establishment shall maintain and update by midnight of each day of operation, an electronic record of all cannabis obtained from a cardholder or another establishment, and all cannabis and cannabis products transferred to ano…

44:90:11:05. Daily testing sample record. A medical cannabis establishment shall maintain and update by midnight of each day of operation, an electronic testing sample record that must include: (1) The batch identifier and quantity of each batch from which samples were drawn; (2)…

44:90:11:06. Cultivation facility inventory records -- Additional requirements. The inventory record of a cultivation facility must include a unique identifier for each immature plant and mature plant that must be printed on a label affixed to the growing container or on the inve…

44:90:11:07. Cannabis product manufacturing facility inventory records -- Additional requirements. The inventory record of a cannabis product manufacturing facility must include the testing batch identification number of any cannabis and cannabis product obtained from a cultivati…

44:90:11:08. Testing facility inventory records -- Additional requirements. A testing facility shall maintain and update by midnight each day of operation, an inventory record of: (1) All samples in its possession, with unique identifiers and quantities expressed in units specifi…

44:90:11:09. Dispensary inventory records -- Additional requirements. The inventory record of a dispensary must include the type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each marketing layer, as expressed according …

44:90:11:10. Daily transaction record. A dispensary shall maintain and update by midnight each day of operation, a transaction record, that must include: (1) The type of product, the testing batch identifier, the number of marketing layers, and the quantity of cannabis in each ma…

44:90:11:11. Department access to and use of establishment records. A medical cannabis establishment shall provide the department access to all records during an inspection of an establishment or vehicle or upon request. Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, eff…

44:90:11:12. Inconsistencies in establishment recordkeeping -- Department action. Upon the discovery of any inconsistencies in the medical cannabis establishment’s record-keeping, the department shall: (1) Make a determination of whether the inconsistencies are knowing or neglige…

44:90:11:13. Authorized transfers -- Requirements and procedures. A medical cannabis establishment may transfer cannabis and cannabis products to another medical cannabis establishment, provided the establishment follows all inventory tracking system requirements and procedures o…

44:90:12:01. Department inspection of establishments. The department may conduct an onsite inspection of an establishment during an unannounced visit or in response to a complaint. An agent of the department: (1) Shall present identification to an establishment agent before comme…

44:90:12:02. Recalls. If the department determines that cannabis or cannabis products that have been transferred to a dispensary pose a risk to public health or safety due to contamination, spoilage, mislabeling, or other reasons, the department may initiate a recall as follows: …

44:90:12:03. Corrective action plan. Upon the discovery of a suspected violation of this article or SDCL chapter 34-20G, the department may order the establishment to comply with a corrective action plan that may include: (1) Modifying operating procedures to comply with this art…

44:90:12:03.01. Testing in lieu of destruction. In lieu of destruction pursuant to § 44:90:12:03, an establishment may have the cannabis or cannabis product tested, provided the testing is available from a testing facility in this state and is conducted to verify the reason cited…

44:90:12:03.02. Destruction of damaged cannabis or cannabis product. Any cannabis or cannabis product that has been damaged as a result of a flood, fire, tornado, earthquake, or other natural or manmade disaster may not be retested unless testing is available from a testing facil…