Title 38 — AGRICULTURE AND HORTICULTURE
43 chapters · 782 sections in this title.
SDCL § 38-35-1 Definitions
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Terms used in this chapter mean: (1) "Applicant," a person, including the state or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, limited liability company, association, or trust; and includes an…
SDCL § 38-35-10 Inspection timing and procedure
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At the discretion of the secretary, a grower licensee may be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the department prior to harvest to ensure a reasonable amount of time to schedule an inspection. T…
SDCL § 38-35-11 Promulgation of rules--Fees
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The department shall promulgate rules, pursuant to chapter 1-26 , to: (1) Establish application, application form, licensure, and renewal procedures; (2) Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of…
SDCL § 38-35-12 Department of Health--Promulgation of rules
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The Department of Health shall promulgate rules, pursuant to chapter 1-26 , to: (1) Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United State…
SDCL § 38-35-13 Repealed
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Source: SL 2020, ch 176 , § 13, eff. Mar. 27, 2020; SL 2021, ch 182 , § 6, eff. Mar. 25, 2021; SL 2022, ch 155 , § 19.
SDCL § 38-35-14 Testing samples--Exceeding concentration--Destruction or remediation of lot
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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…
SDCL § 38-35-15 State hemp production plan--Submission to United States Department of Agriculture--Establishment of program
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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…
SDCL § 38-35-16 Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty
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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…
SDCL § 38-35-17 Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor
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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…
SDCL § 38-35-17.1 Grower licensee transportation documentation requirements--Violation as misdemeanor
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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…
SDCL § 38-35-18 Rules of United States Department of Agriculture
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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…
SDCL § 38-35-19 Repealed
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Source: SL 2020, ch 176 , § 19, eff. Mar. 27, 2020; SL 2025, ch 167 , § 1.
SDCL § 38-35-2 Purchasing, receiving, or obtaining industrial hemp--License required--Violation as misdemeanor
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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…
SDCL § 38-35-20 Coordination with other government entities
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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…
SDCL § 38-35-21 Industrial hemp for smoking prohibited--Violation as misdemeanor
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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.
SDCL § 38-35-22 Industrial hemp used in wildlife food plots
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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…
SDCL § 38-35-23 Prohibition on industrial hemp and marijuana being commingled
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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.
SDCL § 38-35-3 Application for grower license--Location and size requirements
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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…
SDCL § 38-35-3.1 Application for a research license
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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…
SDCL § 38-35-4 Application for processor license--Fee--Location notice
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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…
SDCL § 38-35-5 Criminal background check--Denial of license for conviction--Licensure exemption
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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…
SDCL § 38-35-6 Hemp regulatory program fund--Purpose--Expenditures
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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 …
SDCL § 38-35-7 License issuance--Denial, revocation, or suspension--Contested case
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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…
SDCL § 38-35-8 Planting verification--Documentation to be filed--Contents
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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 ,…
SDCL § 38-35-9 Entrance by department--Consent--Fee--Inspection, confiscation, and disposal--Costs--Liability for destruction--Records
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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…