Revised: 07-02-2025 1 44:90:01:01. Definitions. Terms defined in SDCL 34-20G-1 have the same meaning when
used in this article. Terms used in this article mean:
(1) “"Action level,”" the level of a contaminate that triggers action to prohibit a cannabis
product from being sold;
(2) “"Age-restricted cardholder,”" a cardholder or nonresident cardholder who is under
eighteen years of age or who is a student as described in § 24:80:02:07;
(3) “"Agent identification badge,”" a credential provided by an establishment for use by an
agent while performing work-related duties;
(4) “"Analyte,”" a chemical, compound, element, bacteria, yeast, fungus, or toxin that is
identified or measured by testing;
(5) “"Analytical test,”" the use of a single technology to detect the presence or concentration
of a single analyte on one or more matrices;
(6) “"Authorized transfer,”" the distribution of cannabis and cannabis products between
medical cannabis establishments that is allowable within inventory tracking system procedures;
(7) “"Batch,”" a specific quantity of:
(a) Cannabis that is the same strain, grown under the same conditions, and harvested
during a specified period of time from a specified cultivation area within a
cultivation facility, with the exception of trim; or
(b) Cannabis products that are produced during a specified period of time using the
same extraction or manufacturing method, formulation, or recipe;
(8) “"Batch identifier,”" a unique number or code assigned by an establishment to a quantity
of cannabis or cannabis products for testing;
(9) "Cannabinoid," any chemical compound that is an active element of cannabis;
(10) “"Cannabis beverage,”" a liquid edible cannabis product with a concentration of less than
one milligram of delta-9 tetrahydrocannabinol per ounce of liquid;
Revised: 07-02-2025 2 (11) “"Cannabis extract,”" the resin extracted from any part of a cannabis plant using a liquid
or gaseous solvent other than water;
(12) “"Cannabis oil,”" an edible cannabis product using a food-safe oil as the primary
noncannabis ingredient and with no added flavors, colors, or scents;
(13) “"Cannabis testing facility designee,”" a person or entity contracted or designated by the
testing facility that has documented authorization from the testing facility and has completed the
required training for the purposes of sample collection;
(14) “"Cannabis waste,”" cannabis flower or trim, cannabis seeds, cannabis products,
byproducts containing cannabis, or cannabis plants, excluding stalks without trichomes and root
balls, that have been designated for destruction;
(15) “"Certificate of analysis,”" a written report of the results of analytical testing, indicating
whether the results comply with this article;
(16) “"Chain of custody,”" documentation of the handling of cannabis and cannabis products;
(17) “Collective,” two or more cardholders who physically assist each other in the act of
cultivating or processing cannabis for medical use, except that the sharing of an enclosed, locked
facility for cultivation by two or more cardholders in their own dwelling is not a collective;
(18) “Competitive application,” a medical cannabis establishment application that is scored
numerically by the department, in cases where more applicants apply than are allowed by the local
government;
(19) “"Concentrated cannabis,”" cannabis extract or a preparation made by using heat,
temperature, or mechanical means to separate cannabinoids from cannabis;
(20) “(18) "Confirmation testing,”" testing performed by, or at the direction of, the
department to determine consistency and accuracy of tests offered by a cannabis testing facility;
(21)(19) "Diversion," the act of selling, gifting, or transferring medical cannabis to a non-
cardholder, an unauthorized person, or an unlicensed establishment;
Revised: 07-02-2025 3 (22) “(20) "Equivalent cannabis weight,”" the weight, in ounces, that a given quantity of
cannabis product counts against the total allowable amount of cannabis under SDCL 34-20G-1(1);
(23) “(21) "Exit packaging,”" a bag, box, or other container for use in transporting cannabis
or cannabis products after purchase at a dispensary;
(24)(22) "Final form," the condition that cannabis or a cannabis product is in immediately
prior to transfer to a medical cannabis establishment and immediately prior to presentation for retail
sale;
(25) “(23) "Flower,”" the pistillate reproductive organs of a mature cannabis plant, whether
processed or unprocessed, including the flowers and buds of the plant;
(26) “(24) "Immature plant,”" a nonflowering cannabis plant that measures twelve inches or
more from the base of the main plant stalk to the most distant point of the plant's leaf stems or
branches;
(27) “(25) "Inhalable cannabis product,”" a cannabis product that is intended to be consumed
by inhalation;
(28) “(26) "Inherently hazardous substance,”" any solvent or chemical, other than ethanol,
with a flash point at or lower than one hundred degrees Fahrenheit;
(27) "Inspection," an onsite visit, social media monitoring, software desk audit, randomized
camera footage viewing, or inventory monitoring, conducted by the department to determine
compliance with SDCL chapter 34-20G and this article;
(29) “(28) "Inventory record,”" a daily electronic record of all cannabis;
(30) “(29) "Inventory tracking system,”" an electronic system specified by the department
for the purposes of identifying and preventing diversion and protecting patients from unsafe cannabis
or cannabis products;
(31) “(30) "ISO/IEC 17025 accreditation,”" accreditation by the International Accreditation
Service, the American Association for Laboratory Accreditation, the American National Standards
Revised: 07-02-2025 4 Institute’s Institute's National Accreditation Board, or another laboratory accreditation board that
the testing facility meets General Requirements for the Competence of Testing and Calibration
Laboratories developed by the International Organization for Standardization and the International
Electrotechnical Commission for a particular analyte and technology;
(32)(31) “"Low-income,”" having a gross monthly household income that is one hundred
thirty percent or less of the federal poverty level as defined by § 67:11:01:03;
(33) “(32) "Marketing layer,”" the outermost layer of a retail sale container predominantly
apparent and visible;
(34) “(33) "Matrix,”" a component or substrate that contains an analyte being tested for;
(35) “(34) "Mature plant,”" a cannabis plant that has flowered;
(37) "Multiple violations," more than one violation of SDCL chapter 34-20G or this article;
(36) “"Nationally recognized testing laboratory,”" an independent laboratory recognized by
the Occupational Health and Safety Administration pursuant to 29 C.F.R. § 1910.7, in effect on
(February 18, 2020);
(37) “"Nonusable,”" unfit for sale or, except for the purposes of remediation, transfer;
(38) “"Remediation,”" the further processing of a batch of cannabis or cannabis products that
has failed testing, using a process approved by the department to address the reasons for the failure;
(39) “"Representative sample,”" the amount of cannabis and cannabinoids within the product
being consistent and reasonably equally dispersed throughout the product or each portion of the
product;
(42) "Resealable," the ability to maintain child-resistant effectiveness and preserve the
integrity of cannabis products contained within, until each individual serving is consumed;
(40) “(41) "Sample identifier,”" a unique number or code assigned to a sample to be tested
by a testing facility, either by the establishment submitting the sample or an agent of the testing
facility;
Revised: 07-02-2025 5 (41) “(42) "Seedling,”" a nonflowering cannabis plant or rooted cutting that measures less
than twelve inches from the base of the main plant stalk to the most distant point of the plant's leaf
stems or branches;
(45) "Serious violation," a violation of SDCL chapter 34-20G or this article that poses a
substantial threat to patient health or safety;
(42) “(44) "Testing sample record,”" a daily electronic record maintained by an
establishment of batch identifiers, sample identifiers, and associated information;
(43)(45) "Tetrahydrocannabinol," the primary psychoactive cannabinoid found in the
Cannabis sativa plant, also known as delta-9;
(44) “(46) "Tincture,”" a liquid edible cannabis product with a concentration of greater than
one milligram of tetrahydrocannabinol per ounce of liquid in the form of ethanol, propylene glycol,
glycerin, or food safe oil;
(45) “(47) "Topical cannabis product,”" a nonedible cannabis product that is intended to be
applied externally to the skin;
(46)(48) "Total tetrahydrocannabinol," the percentage of cannabis or a cannabis product
calculated as the percentage of tetrahydrocannabinolic acid times 0.877 plus the percentage of
tetrahydrocannabinol;
(47) “(49) "Transaction record,”" a daily electronic record created and maintained by a
dispensary to track transactions with patients;
(48) “(50) "Transfer record, ”" a daily electronic record of any acquisition of seeds, seedlings,
plants, cannabis, or cannabis products and any transfer of cannabis or cannabis products to another
medical cannabis establishment;
(49) “(51) "Trim,”" trichome-containing leaves of the cannabis plant that have been
intentionally removed during cultivation; and
(50) “(52) "Vaporizer product,”" an inhalable cannabis pen or cartridge containing only
Revised: 07-02-2025 6 concentrated cannabis that is heated below the point of combustion.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022; 50 SDR
62, effective November 27, 2023.
General Authority: SDCL 34-20G-72.
Law Implemented: SDCL 34-20G-1, 34-20G-72.
Reference: International Organization for Standardization & International Electrotechnical
Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing
and Calibration Laboratories. Copies may be obtained at https://www.iso.org/standard/66912.html.
Cost: $138.
Cross-Reference: Federal poverty level, § 67:11:01:03.
Revised: 07-02-2025 7 CHAPTER 44:90:02
REGISTRY IDENTIFICATION CARDS
Section
44:90:02:01 Practitioner’s Practitioner's written certification of debilitating medical condition.
44:90:02:02 Practitioner’s written certification -- Determination of caregivers.
44:90:02:02.01 Practitioner certification -- Recommendation for cultivation of cannabis -- Extended
plant count, Repealed.
44:90:02:03 Practitioner not required to provide certification.
44:90:02:04 Patient registry identification card application requirements -- Initial application.
44:90:02:05 Patient designation of designated caregivers -- Age-restricted cardholders -- Person
responsible for making medical decisions -- Residents of certain health care facilities.
44:90:02:06 Designated caregivers -- State-only background check -- Prohibition of
remuneration.
44:90:02:07 Application to cultivate cannabis -- Patient designation of designated caregivers to
cultivate cannabis.
44:90:02:08 Requirements for designated caregivers designated to cultivate cannabis.
44:90:02:09 Registry identification card -- Renewal.
44:90:02:10 Change of designation of designated caregivers.
44:90:02:11 Change of designation to cultivate.
44:90:02:12 Notice to no longer act as designated caregiver.
44:90:02:13 Death of a qualifying patient.
44:90:02:14 Nonresident registration -- Required documentation.
44:90:02:15 Nonresident registration -- Registry identification number.
44:90:02:16 Allowable quantity of cannabis products.
44:90:02:16.01 Limits on inhalable cannabis products.
Revised: 07-02-2025 8 44:90:02:17 Fees for registry identification cards.
Revised: 07-02-2025 9 44:90:02:01. Practitioner’s Practitioner's written certification of debilitating medical
condition. Only a practitioner as defined by SDCL 34-20G-1 may issue a written certification to a
resident of South Dakota. A practitioner’s practitioner's written certification shall must be submitted
to the department and must be on a form supplied by the department. The certification must include:
(1) The practitioner’s practitioner's name and address;
(2) The practitioner’s practitioner's South Dakota license and National Practitioner
Identification numbers, if applicable;
(3) Certification that the practitioner has assessed the patient's medical history and current
medical condition, including an in-person physical examination;
(4) The date on which the physical examination was conducted;
(5) Certification that the patient has a debilitating medical condition, as defined by SDCL,
specifying the International Classification of Diseases, Tenth Revision code;
(6) Certification that the practitioner and patient, or the patient’s patient's parents or legal
guardian, have discussed treatment options for the patient’s patient's debilitating medical condition;
(7) Certification that the practitioner is available for further consultation and follow-up care
with the patient or the patient’s patient's parents or legal guardian to monitor the medical use of
cannabis;
(8) The date of expiration, not to exceed one year;
(9) The number of designated caregivers, if more than one, that the patient’s patient's age or
medical condition necessitates; and
(10) Certification that a bona fide practitioner-patient relationship exists.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4)(3).
Law Implemented: SDCL 34-20G-1(2), 34-20G-1(26), 34-20G-29.
Reference: National Center for Health Statistics. (2021). International Classification of
Revised: 07-02-2025 10 Diseases, 10th Revision, Clinical Modification. https://icd10cmtool.cdc.gov/.
Revised: 07-02-2025 11 44:90:02:08. Requirements for designated caregivers designated to cultivate cannabis.
Only one person may cultivate cannabis on behalf of a patient, except that:
(1) A qualifying patient may share the designation with a designated caregiver who resides in
the same dwelling; and
(2) Two parents or legal guardians of an age-restricted cardholder who reside in the same
dwelling may share the designation.
The entirety of a patient’s patient's cannabis must be cultivated in a single enclosed, locked
facility.
Two or more designated caregivers may not form a collective. Two or more designated
caregivers may not cultivate cannabis in a single-unit building or in a unit of a multi-unit building,
unless expressly permitted by SDCL chapter 34-20G.
For purposes of this section, "collective" means two or more cardholders who physically assist
each other in the act of cultivating or processing cannabis for medical use, except that the sharing of
an enclosed, locked facility for cultivation by two or more cardholders in their own dwelling is not
a collective.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-1(13), 34-20G-29.
Revised: 07-02-2025 12 44:90:02:14. Nonresident registration -- Required documentation. The department shall
accept any of the following as sufficient documentation of a nonresident’s nonresident's debilitating
medical condition:
(1) Practitioner certification issued in the person’s person's jurisdiction of residence and
listing confirming a debilitating medical condition consistent with listed in SDCL 34-20G-1 or rules
promulgated by the department;
(2) Practitioner certification issued in the person’s person's jurisdiction of residence, along
with additional medical records indicating a debilitating medical condition recognized by the
department pursuant to SDCL 34-20G-1 or rules promulgated by the department; or
(3) Practitioner certification on a form supplied by the department.
Prior to issuing a nonresident registration, the department shall determine whether the
applicant’s applicant's registry identification card or its equivalent allows the use of cannabis, as
defined in SDCL 34-20G-1(1) and 34-20G-1(14), in the jurisdiction of issuance.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(8).
Law Implemented: SDCL 34-20G-1(19)(20), 34-20G-72(8).
Revised: 07-02-2025 13 44:90:02:15. Nonresident registration -- Registry identification number. The department
shall issue to a nonresident cardholder who has met all registration requirements a nonrenewable
ten-digit alphanumeric registry identification number, which expires on the earliest of:
(1) One year from the date of issuance of the registry identification number;
(2) The expiration date of the nonresident’s proof of authorization nonresident's practitioner
certification issued by in the jurisdiction where the nonresident cardholder resides; or
(3) Any earlier expiration date specified by the practitioner’s statement One year from the
date of issuance on the nonresident's practitioner certification where the nonresident cardholder
resides.
The registry identification number is valid at no more than two dispensaries, which must be
designated by the nonresident cardholder at the time of registration.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(8).
Law Implemented: SDCL 34-20G-1(19)(20), 34-20G-72(8).
Revised: 07-02-2025 14 44:90:02:16. Allowable quantity of cannabis products. Under SDCL subsection 34-20G-
1(1)(b), cardholders Cardholders and nonresident cardholders may possess cannabis products if the
equivalent cannabis weight of the products, plus the weight of cannabis flower and trim possessed
by the cardholder, does not exceed three ounces pursuant to SDCL subsection 34-20G-1(1)(a). The
allowable amount possessed by the cardholder does not apply to drugs approved by the Food and
Drug Administration.
The equivalent cannabis weight of cannabis products is:
Type of cannabis Amount equivalent to one ounce
of cannabis
Concentrated cannabis in smokable form 8 grams (net weight)
Vaporizer product 8 grams (net weight)
Cannabis oil or tincture in oral dosage
syringe or capsule form 15 grams 8,000 milligrams (net
weight tetrahydrocannabinol)
Edibles, excluding oils 2,000 milligrams
tetrahydrocannabinol
Topical ointment, cream, or lotion 12 fluid ounces
Topical dried plant material or powder 16 ounces
Transdermal patch 800 milligrams
tetrahydrocannabinol
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(8)(9).
Law Implemented: SDCL 34-20G-1(1)(b), 34-20G-2, 34-20G-3, 34-20G-4.
Revised: 07-02-2025 15 44:90:03:01. Initial application for registration certificate. An initial application for a
registration certificate for any type of medical cannabis establishment must include:
(1) A completed application form;
(2) Operating procedures consistent with this article;
(3) Proof of the property owner’s owner's consent to use the property for cultivation,
manufacturing, dispensing, or testing cannabis, as applicable;
(4) Certification of compliance from the local municipality or county, as applicable, ensuring
applicant’s the applicant's proposed plans and location meet all local zoning and ordinance
requirements;
(5) Copies of all required registrations, licenses, or permits;
(6) Photocopies of a valid form of identification issued in South Dakota government-issued
identification from this state, or its equivalent issued in another United States jurisdiction, for all
principal officers and board members;
(7) Photocopies of organizing documents, operating agreements, management agreements,
bylaws, and other legal documents relating to the applicant’s applicant's business structure;
(8) Certification that background checks have been completed for all medical cannabis
establishment agents; and
(9) The applicable fee pursuant to § 44:90:03:17.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(2)(1)(10).
Law Implemented: SDCL 34-20G-55(1), 34-20G-57, 34-20G-61.
Revised: 07-02-2025 16 44:90:03:05. Operating procedures -- Required contents -- All medical cannabis
establishments. The operating procedures of any medical cannabis establishment must include:
(1) A management plan identifying the individuals who will are to be in charge of day-to-day
operations of the establishment and their specific management roles;
(2) A site plan that must:
(a) Identify any areas in which cannabis will is to be cultivated, harvested, dried,
stored, manufactured, tested, or destroyed;
(b) Indicate the types of activities that will are to take place in those areas;
(c) Identify a means of legal ingress onto property from the closest maintained public
right of way;
(d) Demonstrate compliance with § 44:90:04:05;
(3) Operating days and hours;
(4) A workplace safety plan consistent with 29 C.F.R. § 1910.23 (November 18, 2016), 29
C.F.R. § 1910.123 (November 18, 2016), and 29 C.F.R. § 1200 (February 8, 2013), covering
personal protective equipment, hazard assessment, safe equipment operation, proper application of
agricultural chemicals, ladder use, and hazard communication;
(5) Plans for compliance with all applicable safety standards contained in local ordinance,
SDCL chapter 11-10, article 61:15, and chapter 20:44:22;
(6) A security plan indicating all doors, windows, gates, exterior lights, alarm sensors, and
cameras, and describing how alarms and cameras will are to be monitored;
(7) Any additional steps to ensure the safety of patrons and the community;
(8) Plans for preventing the diversion of cannabis to noncardholders non-cardholders;
(9) A waste management plan for disposal of cannabis waste, including:
(a) A description of how the cannabis waste will is to be rendered unrecognizable and
unfit for use no later than seven days after becoming waste or prior to leaving the establishment,
Revised: 07-02-2025 17 whichever is shorter, by grinding and mixing the waste with at least 50 fifty percent other waste,
including soil, sawdust, grease, food waste, or yard waste, or shredded paper;
(b) A If the establishment chooses to compost the waste, a description of how the
waste will is to be composted, if applicable within thirty days of becoming waste; and
(c) A description of how the waste will is to be hauled from the premises within thirty
days of becoming waste;
(10) A wastewater plan, including:
(a) For establishments connecting to a public wastewater system, a pretreatment
industrial use permit or a determination by the Department of Agriculture and Natural Resources
that no such the permit is not necessary; or
(b) For establishments using an onsite wastewater system, the applicant’s applicant's
certification of compliance with chapter 74:53:01;
(11) Pre-employment screening procedures, including criminal background check checks;
and
(12) Processes for limiting access by unauthorized persons, including verification of identity
for all vendors and contractors, issuance of a visitor badge, and closely monitoring all visitors.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(2)(5)(1)(4).
Law Implemented: SDCL 34-20G-55(1), 34-20G-72(5)(4).
Revised: 07-02-2025 18 CHAPTER 44:90:04
ESTABLISHMENTS
Section
44:90:04:01 Change in management -- Duty to report.
44:90:04:02 Corrective and preventive action -- Written procedures.
44:90:04:03 Duty to report criminal activity to department and law enforcement.
44:90:04:04 Co-location of medical cannabis establishments.
44:90:04:05 Lighting.
44:90:04:06 Doors and windows.
44:90:04:07 Placement of security cameras.
44:90:04:08 Recording by security cameras -- Access by department.
44:90:04:09 Storage of camera footage.
44:90:04:10 Alarm system.
44:90:04:11 Agent identification badges to be provided by establishments.
44:90:04:12 Agent identification badges to be displayed.
44:90:04:13 Controlled access -- Verification of identity.
44:90:04:14 Visitor badges to be worn by contractors performing work at a medical cannabis
establishment.
44:90:04:15 Operation of agricultural, industrial, or other heavy equipment -- Training
requirements.
44:90:04:16 Record-keeping -- Use of inventory tracking system -- Training requirements.
44:90:04:17 Security protocols -- Training requirements.
44:90:04:18 Vehicle requirements -- Establishments.
44:90:04:19 Transport manifests -- Form and content.
44:90:04:20 Separate transport manifest required.
Revised: 07-02-2025 19 44:90:04:21 Storage during transport.
44:90:04:22 Conduct during transport.
44:90:04:23 Transport incident notification.
44:90:04:24 Health and safety standards for storage.
44:90:04:25 Scales.
44:90:04:26 Fences and gates.
Revised: 07-02-2025 20 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 the
area or structure with fencing and gates that:
(1) Are secure and undamaged;
(2) Are at least six feet high; and
(3) Obscure, or have a cover that obscures, regulated activities from being readily viewed
from outside of the fenced-in area.
Source:
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-64, 34-20G-65, 34-20G-72(4).
Revised: 07-02-2025 21 CHAPTER 44:90:05
CANNABIS CULTIVATION FACILITIES
Section
44:90:05:01 Cultivation activities -- Compliance with operating procedures.
44:90:05:02 Packaging and labeling cannabis for retail sale.
44:90:05:03 Cultivation equipment-- Safety.
44:90:05:04 Cultivation area.
44:90:05:05 Hours of operation -- Exigent circumstances.
44:90:05:06 Fences and gates, Repealed.
44:90:05:07 Safe application of pesticides and other chemicals used in cultivation -- Training
requirements.
44:90:05:08 Application of pesticides.
44:90:05:09 List of approved active ingredients in pesticides.
44:90:05:10 Safety of cannabis -- Use or presence of prohibited pesticides -- Contaminants.
Revised: 07-02-2025 22 44:90:05:06. Fences and gates. Any cultivation facility cultivating, processing, or storing
cannabis outdoors or in greenhouses or other structures that do not meet all security requirements
for buildings must secure such cultivation areas with fencing and gates that:
(1) Are secure and undamaged;
(2) Are at least six feet high; and
(3) Obscure, or have a cover that obscures, regulated activities from being readily viewed
from outside of the fenced-in area Repealed.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c).
Law Implemented: SDCL 34-20G-64, 34-20G-65, 34-20G-72(5).
Revised: 07-02-2025 23 44:90:06:01. Required accreditation and registration -- Drug Enforcement Agency.
Upon successful registration and prior to accepting cannabis or cannabis products for testing, a
cannabis testing facility must:
(1) Begin Prior to accepting cannabis or cannabis products for testing, begin working with
an accreditation body to ensure compliance with applicable rules and ensure progress towards
achieving ISO/IEC 17025 accreditation, with a scope of accreditation that includes all analytical
tests performed by the facility; and
(2) Successfully complete accreditation within thirty-two months of registration.
If a cannabis testing facility fails to successfully complete accreditation within thirty-two
months of initial registration, the department must revoke the facility's registration.
A cannabis testing facility shall register with the Drug Enforcement Agency pursuant to 21
C.F.R. part § 1301.13, in effect on (June 28, 2021).
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(4)(k).
Law Implemented: SDCL 34-20G-72(4)(k), 34-20G-65.1.
Reference: International Organization for Standardization & International Electrotechnical
Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of Testing
and Calibration Laboratories. Copies may be obtained at https://www.iso.org/standard/66912.html.
Cost: $138.
Revised: 07-02-2025 24 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 §
44:90:09:06.
A cannabis testing facility designee may only collect samples on behalf of a cannabis testing
facility upon completing the following requirements:
(1) Obtain Obtaining documented authorization from the testing facility;
(2) Complete Completing no less than 10 five hours of initial training on sample collection
procedures that are in accordance with this chapter, provided by the testing facility; and
(3) Demonstrate Demonstrating competency in sample collection in compliance with the
cannabis testing facility's sample collection procedures and this chapter.
A cannabis testing facility designee must attend no less than 10 three hours of continuous
training each year performed or approved by the testing facility in addition to the initial training
requirements.
Prior to performing sample collection for mandatory tests, the cannabis testing facility
designee shall contact the testing facility to obtain instructions from the testing facility for each
sampling event, including the instruments to be used, the containers required to store samples,
storage and transportation requirements, and the receipt and recordkeeping of the samples.
The collection of samples must comply in all manner with this section through § 44:90:09:09,
the testing facility’s standard operating procedures and sample collection procedures, and
requirements for ISO/IEC 17025 accreditation.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(4)(d)(k)(l).
Law Implemented: SDCL 34-20G-72(5)(4)(d)(k)(l), 34-20G-65.1.
Reference: International Organization for Standardization & International Electrotechnical
Revised: 07-02-2025 25 Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of
Testing and Calibration Laboratories. Copies may be obtained at
https://www.iso.org/standard/66912.html. Cost: $138.
Revised: 07-02-2025 26 CHAPTER 44:90:10
PACKAGING, LABELING, AND ADVERTISING
Section
44:90:10:01 Packaging for retail sale -- General requirements.
44:90:10:01.01 Packaging for transfer or sale -- General requirements.
44:90:10:02 Packaging of cannabis flower or trim or inhalable cannabis products for retail sale.
44:90:10:03 Packaging of edible cannabis products for retail sale -- Tinctures, oils, and
beverages excluded.
44:90:10:04 Packaging of cannabis tinctures and oils for retail sale.
44:90:10:05 Packaging of cannabis beverages for retail sale.
44:90:10:06 Packaging of topical cannabis products for retail sale.
44:90:10:07 Labeling required.
44:90:10:08 Format of labeling -- Font size -- Multiple labels.
44:90:10:09 Labeling claims -- Results of testing.
44:90:10:10 Expected effects -- Time to take effect -- Duration of effect.
44:90:10:11 Ingredients -- Allergen warnings.
44:90:10:12 (Effective through September 30, 2025) Contents -- Net weight or volume --
Nutritional information. (Effective October 1, 2025) Contents -- Expiration date -- Net weight
or volume -- Nutritional information.
44:90:10:12.01 Required warnings -- Indication that edible product contains cannabis -- Side effects
-- Legal status of cannabis.
44:90:10:12.02 Repurposing of expired flower or concentrate -- Retesting of expired concentrate -
- New expiration date.
44:90:10:14 Labeling prohibitions.
44:90:10:14.01 Prohibited forms of advertising.
Revised: 07-02-2025 27 44:90:10:15 Target audience -- Establishments and adult cardholders only -- Prohibition on
advertising to practitioners.
44:90:10:16 Advertising on websites, social media and mobile applications.
44:90:10:17 Prohibited content -- Advertisements.
44:90:10:18 Required information -- Advertisements.
44:90:10:19 Nonconforming advertising.
Revised: 07-02-2025 28 44:90:10:03. Packaging of edible cannabis products for retail sale -- Tinctures, oils, and
beverages excluded. Edible cannabis products shall must be packaged as follows:
(1) Single-serving edible cannabis products, other than tinctures, oils, and beverages:
(a) Shall Must be placed into a child-resistant container that may or may not be
resealable; and
(b) May be bundled into a larger marketing layer so long as the total amount of active
THC tetrahydrocannabinol per marketing layer serving does not exceed 100 one hundred
milligrams.; and
(2) Multiple-serving edible cannabis products, other than tinctures, oils, and beverages:
(a) Shall Must be packaged either in a resealable container or with individual servings
heat-sealed into packaging made of plastic four mil or greater in thickness with no easy-open tab,
dimple, corner, or flap;
(b) Shall Must contain 100 five hundred milligrams or less of total THC
tetrahydrocannabinol per multiple-serving container; and
(c) Shall Must have a package label that clearly indicate indicates the size of a serving
if the edible product is not in a form that indicates a serving.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(4)(j).
Law Implemented: SDCL 34-20G-72(5)(4).
Revised: 07-02-2025 29 44:90:10:04. Packaging of cannabis tinctures and oils for retail sale. Cannabis tinctures
or oils shall 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 resealable, child-resistant cap; or
(b) With a resealable cap and enclosed in a child-resistant, soft-sided container made
of plastic that is four mil or greater in thickness and heat-sealed; and
(2) With an indication of individual servings, either:
(a) By dividing cannabis oil into individual gelatin capsules; or
(b) By including with the cannabis tincture or oil a measuring device such as.
For the purposes of this section, the term "measuring device" means a dosing syringe,
measuring cap, or dropper. Hash but does not mean hash marks on the bottle or package do not
qualify as a measuring device.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(4)(j).
Law Implemented: SDCL 34-20G-72(5)(4).
Revised: 07-02-2025 30 44:90:10:12. (Effective through September 30, 2025) Contents -- Net weight or volume -
- Nutritional information. The label of any cannabis or cannabis product must:
(1) Include a statement of net contents identifying the net weight or volume of the cannabis
or cannabis product, expressed:
(a) If a solid, in both ounces and grams or milligrams; or
(b) If a liquid or colloid, in both fluid ounces and milliliters;
(2) State the equivalent cannabis weight, calculated according to the equivalent cannabis
weight table in § 44:90:02:16;
(3) For any edible cannabis product, except tinctures, oils, and capsules:
(a) Identify the size of a serving of delta-9 tetrahydracannabinol (THC) expressed in
ounces and grams or milligrams, fluid ounces or milliliters, or number of pieces, and the number of
servings per marketing layer;
(b) Include a nutritional fact panel in accordance with 21 C.F.R. § 101.9, in effect on
August 29, 2016; and
(c) Include a product expiration date, upon which the edible cannabis product will no
longer be fit for consumption, or a use-by date, upon which the edible cannabis product will no
longer be optimally fresh;
(4) For tinctures, oils, and capsules, contain the size of one or more dosages, expressed in
milliliters, number of drops, or number of capsules, along with the amount of tetrahydrocannabinol,
in milligrams, in each dosage identified; and
(5) For vaporizer products and topical cannabis products, the weight of concentrated cannabis
used to manufacture the product in milligrams or grams.
Once affixed to a container containing an edible cannabis product and any marketing layer, an
establishment may not alter the expiration or use-by date label or affix a new label with a later
expiration or use-by date.
Revised: 07-02-2025 31 (Effective October 1, 2025) 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 cannabis products from the date of harvest or
manufacture, as applicable;
(2) Include a statement of net contents identifying the net weight or volume of the cannabis
or cannabis product, expressed:
(a) If a solid, in both ounces and grams or milligrams; or
(b) If a liquid or colloid, in both fluid ounces and milliliters;
(2)(3) State the equivalent cannabis weight, calculated according to the equivalent cannabis
weight table in § 44:90:02:16;
(3)(4) For any edible cannabis product, except tinctures, oils, and capsules:
(a) Identify the size of a serving of delta-9 tetrahydracannabinol (THC)
tetrahydrocannabinol expressed in ounces and grams or milligrams, fluid ounces or milliliters, or
number of pieces, and the number of servings per marketing layer; and
(b) Include a nutritional fact panel in accordance with 21 C.F.R. § 101.9, in effect on
(August 29, 2016); and
(c) Include a product expiration date, upon which the edible cannabis product will no
longer be fit for consumption, or a use-by date, upon which the edible cannabis product will no
longer be optimally fresh;
(4)(5) For tinctures, oils, and capsules, contain the size of one or more dosages, expressed in
milliliters, number of drops, or number of capsules, along with the amount of tetrahydrocannabinol,
in milligrams, in each dosage identified; and
(5)(6) For vaporizer products and topical cannabis products, the weight of concentrated
cannabis used to manufacture the product in milligrams or grams.
Revised: 07-02-2025 32 Once the label is affixed to a container containing an edible to cannabis or a cannabis product
and any marketing layer, an establishment may not alter the label's expiration or use-by date label
or affix a new label with a later expiration or use-by date unless testing pursuant to § 44:90:10:12.02
supports a longer shelf life.
The provisions of this section do not apply to cannabis or cannabis product that was wholly
and fully packaged prior to October 1, 2025. Such cannabis or cannabis product may be made
available for retail purchase as long as the packaging label includes a product expiration date, upon
which the edible cannabis product will no longer be fit for consumption, or a use-by date, upon
which the edible cannabis product will no longer be optimally fresh. Once the cannabis or cannabis
product reaches the expiration or use-by date it may be repurposed or retested pursuant to §
44:90:10:12.02.
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(6)(4)(j)(7).
Law Implemented: SDCL 34-20G-65.1, 34-20G-72(6) (4)(7).
Revised: 07-02-2025 33 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 in § 44:90:09:01, and given a new expiration date not to exceed
twelve months from the date of retest; and
(2) Concentrate may be retested for potency, microbials, and mycotoxins pursuant to
§ 44:90:09:01 and upon passage, repurposed into a new product and given a new expiration date not
to exceed fourteen months from the date of retest.
No flower or concentrate may be retested or repurposed more than once.
Once the flower or concentrate has reached its expiration date and no longer qualifies to be
retested or repurposed, it must be destroyed. Any testing done only for purposes of research and
development testing or confirmatory testing does not disqualify the cannabis or cannabis product
from being retested under this rule.
Source:
General Authority: SDCL 34-20G-72(4)(j)(7).
Law Implemented: SDCL 34-20G-65.1, 34-20G-72(4)(7).
Revised: 07-02-2025 34 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 advertise on signs on its own
premises;
(2) By distributing handbills in public areas or on publicly owned property;
(3) Through direct mail, phone, text, or email without verifying the recipient is a cardholder
or medical cannabis establishment, and offering a permanent opt-out feature;
(4) Through publication, except that a dispensary may advertise on publications within its
own premises;
(5) Through radio, television, and other media, not including the establishment's website or
social media account; or
(6) Through a practitioner or health care facility, by placing advertising material at a
practitioner’s practitioner's office or health care facility, or by targeting the practitioner’s
practitioner's or health care facility’s facility's patients through direct mail, phone, text, or email.
Source: 48 SDR 54, effective November 15, 2021.
General Authority: SDCL 34-20G-72(5)(4)(i).
Law Implemented: SDCL 34-20G-72(5)(4)(i).
Revised: 07-02-2025 35 CHAPTER 44:90:12
ENFORCEMENT
Section
44:90:12:01 Department inspection of establishments.
44:90:12:02 Recalls.
44:90:12:03 Corrective action plan.
44:90:12:03.01 Testing in lieu of destruction.
44:90:12:03.02 Destruction of damaged cannabis or cannabis product.
44:90:12:04 Suspension or revocation of registration certificate for serious and knowing
violations.
44:90:12:05 Suspension or revocation of registration certificate for multiple violations.
44:90:12:06 Voluntary surrender of registration certificate.
44:90:12:07 Revocation of registry identification card for unauthorized sale.
44:90:12:08 Revocation of registry identification card for serious or multiple violations.
44:90:12:09 Determination of serious violation.
44:90:12:10 Imposition of fines -- Violations.
44:90:12:11 Schedule of fines.
44:90:12:12 Payment of fine.
Revised: 07-02-2025 36 44:90:12:01. Department inspection of establishments. The department may inspect
conduct an onsite inspection of an establishment during an unannounced visit or in response to a
complaint. Agents An agent of the department:
(1) Shall present identification to an establishment agent before commencing an inspection
of an establishment;
(2) Shall have complete and unrestricted access to establishments an establishment during
business hours for the purposes of inspections, sample collection, testing, interviews, or other
investigations inspection;
(3) May collect samples of cannabis and cannabis products and perform analytical tests on
those samples or submit them to a cannabis testing facility for testing;
(4) May inspect the contents of any vehicle used by an establishment to transport cannabis,
cannabis extracts, or cannabis products and examine the transport manifest; and
(5) Shall have access to inventory records and certificates of analysis maintained by the an
establishment, including collecting paper or electronic copies for further review.
The department shall provide an establishment the results of any analytical tests performed
on samples taken from the establishment and shall inform the establishment whether the cannabis
or cannabis products from which the samples were taken are nonusable.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(6)(4).
Law Implemented: SDCL 34-20G-69, 34-20G-72(6)(4)(a)(b)(d)(e)(f)(h)(l).
Revised: 07-02-2025 37 44:90:12:03. Corrective action plan. Upon the discovery of a suspected violations violation
of this article or SDCL chapter 34-20G, the department may order the establishment to comply with
a corrective action plan, which that may include:
(1) Modifying operating procedures to comply with this article and SDCL chapter 34-20G;
(2) Halting the transfer of cannabis or cannabis products that are mislabeled or otherwise pose
a threat to public health; and
(3) Destroying or remediating cannabis or cannabis products that pose a threat to public
health.
The department may shall provide notice of the order a licensee to destroy a batch of cannabis
or cannabis products that fails testing and product found to violate any provision of SDCL chapter
34-20G or this article to an establishment. The department does not need to demonstrate that the
presence of contaminants or the unsafe condition of the cannabis or cannabis product was due to the
action or inaction of the licensee an establishment. Such notice The order must identify the
department’s department's decision as a final department action subject to judicial review pursuant
to SDCL chapter 1-26. An establishment must destroy the cannabis or cannabis product within ten
business days of receipt of the order of destruction from the department.
Nothing in this section prohibits licensees an establishment from initiating corrective action,
including voluntarily recalling cannabis or cannabis products.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(6)(4).
Law Implemented: SDCL 34-20G-69, 34-20G-72(6)(4)(a)(d).
Revised: 07-02-2025 38 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 in
the order of destruction from the department. The establishment shall notify the department within
five business days of receiving the order of destruction of its intent to have the cannabis or cannabis
product tested.
The establishment shall submit the cannabis or cannabis product to the testing facility within
fifteen business days of the department's order of destruction. An establishment shall notify the
department of the results of the test within twenty-four hours of receipt from the testing facility. If
the test results show the cannabis or cannabis product meets the requirements for contaminants
required by this article, the establishment is not required to destroy the cannabis or cannabis product.
If the cannabis or cannabis product fails testing, the cannabis or cannabis product must be destroyed
within forty-eight hours of receipt of the test results by the establishment.
All costs incurred for testing are the responsibility of the establishment.
Source:
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-72(4)(a)(d)(l).
Revised: 07-02-2025 39 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 facility in
this state and is conducted to in response to a specific natural or manmade disaster. Any cannabis or
cannabis product that fails testing or cannot be retested due to the unavailability of testing must be
destroyed.
Source:
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-69, 34-20G-72(4)(a)(d)(l).
Revised: 07-02-2025 40 44:90:12:09. Determination of serious violation. When determining if a violation is a
serious violation, the department shall consider:
(1) The nature and gravity of the violation;
(2) The willfulness and deliberateness of the violation;
(3) The actual or potential harm to patient health or safety or an establishment agent;
(4) Any prior violations by an establishment;
(5) The duration of the violation;
(6) The number and nature of current violations;
(7) The likelihood of reoccurrence of the violation; and
(8) Any other factor associated with the violation that adversely impacts patient health or
safety.
Source:
General Authority: SDCL 34-20G-72(4)(6).
Law Implemented: SDCL 34-20G-72(4), 34-20G-80(2), 34-20G-84.
Revised: 07-02-2025 41 44:90:12:10. Imposition of fines -- Violations. The department may, in addition to, or in
lieu of, suspension, revocation, or any other penalty allowed pursuant to SDCL chapter 34-20G,
assess fines against an establishment based on the following violations of SDCL chapter 34-20B or
this article:
(1) Category 1 violation:
Violation Statute or Rule Violated
(a) Sale of cannabis or cannabis
product to non-cardholder SDCL 34-20G-74, § 44:90:08:03
(b) Diversion of cannabis or cannabis
product outside the regulated
distribution system SDCL subdivision 34-20G-72(4), §
44:90:03:05
(c) Possessing cannabis or cannabis
products obtained from outside the
regulated distribution system or from
an unauthorized source Subdivision 44:90:04:03(3)
(d) Knowingly submitting false records
or documents with certificate
applications and certificate renewals SDCL 34-20G-77
(e) Failure to cooperate with
department investigators during the
course of an inspection or investigation SDCL 34-20G-69, subdivision
44:90:12:01(2)
(f) Packaging or labeling cannabis or
cannabis product that directly impact
patient safety Chapter 44:90:10
Revised: 07-02-2025 42 (g) Failing to comply with mandatory
testing and sampling Chapter 44:90:09
(h) Knowingly adulterating or altering
or attempting to adulterate or alter any
form of medical cannabis after
sampling has occurred Section 44:90:09:07.01
(i) Manufacturing a cannabis product
with an additive or solvent above
allowable level Sections 44:90:07:03, 44:90:09:02
(j) Cultivating cannabis with a
pesticide that contains an active
ingredient not approved by the
department for use Sections 44:90:05:09, 44:90:05:10
(k) Sale or unauthorized transfer of
cannabis that does not meet the testing
requirements Sections 44:90:05:10, 44:90:07:03
(2) Category 2 violation:
Violation Statute or Rule Violated
(a) Medical cannabis sales in excess of
the current patient purchase limitations SDCL subdivision 34-20G-1(1),
§ 44:90:03:09
(b) Manufacturing a product using
cannabis waste Subdivision 44:90:09:12(2)
(c) Manufacturing edible cannabis
products without a food service license Section 44:90:07:09
Revised: 07-02-2025 43 (d) Performing extraction methods
without prior department approval Sections 44:90:03:08, 44:90:07:05
(e) Making misstatements or omissions
in the inventory tracking system Section 44:90:11:01
(f) Failure to report a transfer Section 44:90:11:04
(g) Sharing office space with a
practitioner SDCL 34-20G-67
(h) Advertising directly targeting
minors or non-cardholders Section 44:90:10:15
(i) Failure to immediately report theft Section 44:90:04:03
(j) Failure to maintain onsite records as
required Chapter 44:90:11
(k) Utilizing advertising material
containing prohibited content Section 44:90:10:17
(l) Failure to maintain security and
camera requirements Sections 44:90:04:05, 44:90:04:06,
44:90:04:07, 44:90:04:08, 44:90:04:09,
44:90:04:10
(m) Improper handling, storage, or
disposal of cannabis, cannabis
products, or cannabis waste Sections 44:90:04:21, 44:90:04:24,
44:90:03:05, 44:90:09:12, 44:90:11:03
(n) Sale of inhalable cannabis product
to a patient under twenty-one years of
age Section 44:90:02:16.01
(o) Sharing premises with a residence Section 44:90:04:13
Revised: 07-02-2025 44 or business
(p) Sharing premises with another
medical cannabis establishment
without common ownership Section 44:90:04:04
(q) Pesticide application by an agent
who does not hold a valid applicator
certification Section 44:90:05:07
(3) Category 3 violation:
Violation Statute or Rule Violated
(a) Failure to comply with transfer
requirements Sections 44:90:04:19, 44:90:04:20,
44:90:04:21, 44:90:04:22, 44:90:04:23,
44:90:04:24
(b) Failure to follow advertising
guidelines Section 44:90:10:14.01
(c) Failure to notify the department of
any change in operating hours or
failure to have an agent on site for
purpose of inspections during
operating hours Subdivisions 44:90:03:05(3),
44:90:12:01(2),
(4) Category 4 violation:
Violation Statute or Rule Violated
(a) Failure to follow and maintain
standard operating procedures Section 44:90:03:05
(b) Establishment website or social Section 44:90:10:16
Revised: 07-02-2025 45 media account does not utilize
measures to properly verify a visitor's
age each time
(c) Transferring of establishment
ownership without prior department
approval Section 44:90:03:04
(5) Category 5 violation:
Violation Statute or Rule Violated
(a) Failure to notify department within
seven days of a change in management Section 44:90:04:01
(b) Failure to provide agent
identification badges Section 44:90:04:11
(c) Failure to display required agent
badges Section 44:90:04:12
(d) Failure to enforce visitor rules Sections 44:90:04:13, 44:90:04:14
(e) Failure to complete required
training in the inventory tracking
system Section 44:90:04:16
(f) Failure to comply with scale
requirements Section 44:90:04:25
The department may assess fines for multiple violations, however the total fines assessed
per inspection may not exceed ten thousand dollars.
Source:
General Authority: SDCL 34-20G-72(6).
Law Implemented: SDCL 34-20G-72(6)(a), 34-20G-80.
Revised: 07-02-2025 46 44:90:12:11. Schedule of fines. The department may assess the following fines for
violations described in § 44:90:12:10:
(1) Category 1 violation:
(a) First offense, five thousand dollars;
(b) Second offense, seven thousand dollars; and
(c) Third or subsequent offense, ten thousand dollars;
(2) Category 2 violation:
(a) First offense, three thousand dollars;
(b) Second offense, four thousand dollars; and
(c) Third or subsequent offense, five thousand dollars;
(3) Category 3 violation:
(a) First offense, one thousand five hundred dollars; and
(b) Second or subsequent offense, two thousand five hundred dollars;
(4) Category 4 violation, one thousand dollars; and
(5) Category 5 violation, five hundred dollars.
The department may not use a violation that occurred more than five years before the date of
the new violation when determining if the new violation is a second, third, or subsequent offense.
Source:
General Authority: SDCL 34-20G-72(6).
Law Implemented: SDCL 34-20G-72(6)(a), 34-20G-80.
Revised: 07-02-2025 47 44:90:12:12. Payment of fine. An establishment shall pay any fine imposed under this
chapter within thirty days of receipt of notice from the department. If an establishment does not
pay the fine within thirty days, the establishment is subject to further disciplinary action by the
department, including suspension or revocation of the registration certificate. The imposition of a
fine is a final decision by the department and is subject to appeal pursuant to SDCL chapter 1-26.
Source:
General Authority: SDCL 34-20G-72(6).
Law Implemented: SDCL 34-20G-72(6)(a), 34-20G-80, 34-20G-81.