Title 38, AGRICULTURE AND HORTICULTURE

The department compliance testing must be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the total delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this s…

The department shall work with the attorney general to develop a state hemp production plan and submit the plan to the United States Department of Agriculture for approval of a program to license the growth, production, storage, processing, and transportation of industrial hemp i…

Any transporter is deemed to have given consent to the reasonable search and seizure by law enforcement of any hemp without a warrant to determine the lawful amount of total delta-9 tetrahydrocannabinol concentration. For purposes of this section, product in process that is prope…

If the transporter is not a grower licensee, that transporter shall have in the transporter's possession the following documentation: (1) A copy of the license under which the industrial hemp was grown or produced; (2) A laboratory report produced by a Drug Enforcement Administra…

A grower licensee traveling from the land as described in the licensee's application to the storage location as described in the licensee's application shall have in the transporter's possession the following: (1) A copy of the grower license under which the industrial hemp was g…

Each applicant, licensee, key participant, and transporter of industrial hemp, other than industrial hemp product, shall abide by any rules set forth by the United States Department of Agriculture and the United States Department of Agriculture-approved state hemp production plan…

No person may purchase, receive, or obtain industrial hemp or product in process, other than industrial hemp seed or industrial hemp product, for planting, storing, propagating, producing, or processing unless the person has a license as provided by this chapter or is working und…

The department, Department of Health, and Department of Public Safety may provide to another state, local, tribal, or federal government entity, any specific licensee or permittee information as may be necessary to verify the legality or compliance of any licensee or permitee und…

The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 176 , § 21, eff. Mar. 27, 2020.

Industrial hemp used in wildlife food plots not intended to be harvested must be sampled by November 1 of the year planted. No cannabidiol varieties shall be grown for the purpose of wildlife food plots. Source: SL 2022, ch 155 , § 17, eff. Mar. 18, 2022. Effective January 1, 202…

No industrial hemp may be grown, stored, or transported concurrently with marijuana. A violation of this section is a Class 2 misdemeanor. Source: SL 2022, ch 155 , § 18, eff. Mar. 18, 2022. Effective January 1, 2027

Only a licensed hemp producer may cultivate hemp in this state. Source: SL 2026, ch 167 , § 4, eff. Jan. 1, 2027.

After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to § 38-35-15 , any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product and industrial hemp stalk bales, for p…

Any person seeking to plant, store, propagate, or produce industrial hemp for the purpose of research shall apply to the secretary for a research license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall dep…

After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to § 38-35-15 , any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for processing shall apply to the sec…

Each applicant for any license under this chapter, key participant, and landowner, if the applicant is the lessee, shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau…

There is hereby created within the state treasury the hemp regulatory program fund, into which all application fees, license fees, inspection fees, and other fees or revenue paid to the state from the operation of the hemp regulatory program shall be deposited. All moneys in the …

If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with § 38-35-5 , and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of a…

Within thirty days of planting, each grower licensee under this chapter shall file with the department planting verification documentation as required by the secretary to identify the type and variety of each hemp seed planted with its corresponding lot. Source: SL 2020, ch 176 ,…

The secretary may contract with the Department of Public Safety to conduct inspections and sampling of lots and any processor location. The department and the Department of Public Safety may enter on any land or other property where hemp is grown, produced, stored, or processed f…