MEDICAL CANNABIS 44:90
1 44:90:01:01. Definitions. Terms defined in SDCL 34-20G-1 have the same meaning when
used in this article. Terms Other 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 a medical cannabis
establishment for use by an agent of the establishment 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 one or more analytes 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 under an
inventory tracking system that complies with subdivision 44:90:11:01(10);
(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 a medical cannabis
establishment to a quantity of cannabis or cannabis products for testing;
(9) "Cannabinoid," any chemical compound that is an active element of cannabis;
MEDICAL CANNABIS 44:90
2 (10) "Cannabis beverage," a liquid edible cannabis product with a concentration of less than
one milligram of delta-9 tetrahydrocannabinol per ounce of liquid;
(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, which are unused, surplus, returned, recalled,
contaminated, expired without the ability to repurpose under § 44:90:10:12.02, damaged, or
otherwise unsuitable for sale, distribution, processing, or consumption, 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 cannabis or cannabis product tested complies with this article;
(16) "Chain of custody," documentation of the handling of cannabis and cannabis products;
(17) "Concentrated cannabis," cannabis extract or a preparation made by using heat,
temperature, or mechanical means to separate cannabinoids from cannabis;
(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;
(19) "Diversion," the act of selling, gifting, or transferring medical cannabis to a non-
cardholder, an unauthorized person, or an unlicensed medical cannabis establishment;
(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);
MEDICAL CANNABIS 44:90
3 (21) "Exit packaging," a bag, box, or other container for use in transporting cannabis or
cannabis products after purchase at a dispensary;
(22)(21) "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;
(23)(22) "Flower," the pistillate reproductive organs of a mature cannabis plant, whether
processed or unprocessed, including the flowers and buds of the plant;
(24)(23) "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;
(25)(24) "Inhalable cannabis product," a cannabis product that is intended to be consumed by
inhalation;
(26)(25) "Inherently hazardous substance," any solvent or chemical, other than ethanol, with
a flash point at or lower than one hundred degrees Fahrenheit;
(27)(26) "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;
(28)(27) "Inventory record," a daily electronic record of all cannabis as described in §
44:90:11:03;
(29)(28) "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;
(30)(29) "ISO/IEC 17025 accreditation," accreditation by the International Accreditation
Service, the American Association for Laboratory Accreditation, the American National Standards
Institute's National Accreditation Board, or another laboratory accreditation board that the testing
MEDICAL CANNABIS 44:90
4 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;
(31)(30) "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;
(32)(31) "Marketing layer," the outermost layer of a retail sale container predominantly
apparent and visible;
(33) "Matrix," a component or substrate that contains an analyte being tested for;
(34)(32) "Mature plant," a cannabis plant that has flowered;
(35) "Multiple violations," more than one violation of SDCL chapter 34-20G or this article;
(36)(33) "Nationally recognized testing laboratory," an independent laboratory recognized by
the Occupational Health and Safety Administration pursuant to 29 C.F.R. § 1910.7, (February 18,
2020);
(37)(34) "Nonusable," unfit for sale or, except for the purposes of remediation, transfer;
(38)(35) "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)(36) "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 a portion of cannabis or a cannabis product collected to reflect the composition, potency,
quality, and characteristics of the entire batch;
(40)(37) "Resealable," the ability to maintain child-resistant effectiveness and preserve the
integrity of cannabis products contained within, until each individual serving is consumed;
MEDICAL CANNABIS 44:90
5 (41)(38) "Sample identifier," a unique number or code assigned to a sample to be tested by a
testing facility, either by the medical cannabis establishment submitting the sample or an agent of
the testing facility;
(42)(39) "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;
(43)(40) "Serious violation," a violation of SDCL chapter 34-20G or this article that poses a
substantial threat to patient health or safety;
(44)(41) "Testing sample record," a daily electronic record, maintained by an a medical
cannabis establishment, of batch identifiers, sample identifiers, and associated information;
(45)(42) "Tetrahydrocannabinol," the primary psychoactive cannabinoid found in the
Cannabis sativa plant, also known as delta-9;
(46)(43) "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;
(47)(44) "Topical cannabis product," a nonedible cannabis product that is intended to be
applied externally to the skin;
(48)(45) "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;
(49)(46) "Transaction record," a daily electronic record created and maintained by a
dispensary to track transactions with patients;
(50)(47) "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;
MEDICAL CANNABIS 44:90
6 (51)(48) "Trim," trichome-containing leaves of the cannabis plant that have been intentionally
removed during cultivation; and
(52)(49) "Vaporizer product," an inhalable cannabis pen or cartridge containing only
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; 52 SDR 10, effective August 4, 2025.
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, 2018, International Organization for Standardization &
International Electrotechnical Commission. Copies may be obtained at
https://www.iso.org/standard/66912.html. Cost: $138.
MEDICAL CANNABIS 44:90
7 44:90:02:07. Application to cultivate cannabis -- Patient designation of designated
caregivers to cultivate cannabis. A qualifying patient, or the patient’s patient's designated
caregiver applying to cultivate cannabis, shall submit to the department:
(1) A diagram and photographs of the enclosed, locked facility in which the cannabis will is
to be cultivated; and
(2) The fee to cultivate cannabis required by § 44:90:02:17.
An age-restricted cardholder may not cultivate cannabis but may, unless a nonresident,
designate a designated caregiver to cultivate cannabis on the patient’s behalf.
Upon approval of the application, the department shall issue a two-part registry identification
card authorizing cultivation to the each qualifying patient or designated caregiver designated to
cultivate cannabis. One part of the registry identification card must be posted on the door of the
enclosed, locked facility in which the cannabis is cultivated and the other part of the registry
identification card must be carried by the patient or designated caregiver. The qualifying patient or
each designated caregiver of the patient shall carry the registry identification card authorizing
cultivation while cultivating cannabis or otherwise engaging in cultivation activities. If more than
one person is authorized to cultivate cannabis on behalf of a qualifying patient, each person shall
receive a two-part identification card and shall post and carry the appropriate parts.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-1(1)(c), 34-20G-72(4), 34-20G-72(5)(1)(3).
Law Implemented: SDCL 34-20G-1(1)(c)(d)(13), 34-20G-29(8), 34-20G-42(6) 34-20G-95.
MEDICAL CANNABIS 44:90
8 44:90:02:10. Change of designation of designated caregivers. A qualifying patient or the
qualifying patient’s patient's parent or legal guardian may remove, or add, or substitute designated
caregivers at any time in accordance with this section.
If the change results in the addition or substitution of To add a designated caregiver, the
qualifying patient or the qualifying patient's parent or legal guardian shall submit a form pursuant to
the application required by § 44:90:02:04.
If the change results in the removal of one or more designated caregivers To remove a
designated caregiver, the qualifying patient or the qualifying patient's parent or legal guardian shall
notify each removed designated caregiver in writing and shall certify to the department that notice
has been given. The removed designated caregiver shall have 15 days to return immediately destroy
the registry identification card associated with that patient.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4)(1)(3).
Law Implemented: SDCL 34-20G-46(3).
MEDICAL CANNABIS 44:90
9 44:90:02:11. Change of designation to cultivate. A qualifying patient or the qualifying
patient’s patient's parent or legal guardian may remove, or add, or substitute a designation to
cultivate at any time in accordance with this section.
If the change results in the addition or substitution of an individual To add a designated
caregiver to cultivate medical cannabis for the qualifying patient, the qualifying patient, or the
qualifying patient’s patient's parent or legal guardian, shall submit an application pursuant to §
44:90:02:07.
If the change results in the removal of To remove the designation of a designated caregiver to
cultivate cannabis on the qualifying patient’s behalf, the qualifying patient, or the patient’s
qualifying patient's parent or legal guardian, shall notify the current designated caregiver in writing
and shall certify to the department that notice has been given. The designated caregiver shall, within
15 days, return immediately after receiving notice destroy the registry identification card and destroy
any cannabis plants and any cannabis and cannabis products that were produced from the allowable
plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4)(1)(3).
Law Implemented: SDCL 34-20G-46(4).
MEDICAL CANNABIS 44:90
10 44:90:02:12. Notice to no longer act as designated caregiver. A designated caregiver shall
provide written notice to the qualifying patient or the patient’s qualifying patient's parents or legal
guardians and shall notify the department on a form supplied by the department if the designated
caregiver no longer wishes to act as the patient’s qualifying patient's designated caregiver. The
designated caregiver shall return immediately destroy the registry identification card associated with
the patient immediately upon submitting such the notice and, if applicable, shall destroy any
cannabis plants and any cannabis and cannabis products that were produced from the allowable
plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4)(3).
Law Implemented: SDCL 34-20G-46(3).
MEDICAL CANNABIS 44:90
11 44:90:02:13. Death of qualifying patient. Upon giving notice of a patient’s qualifying
patient's death pursuant to SDCL subdivision 34-20G-46(2), a designated caregiver shall, within 15
days, return immediately destroy the registry identification card associated with the patient to the
department and, if applicable, shall destroy any cannabis plants and any cannabis and cannabis
products that were produced from the allowable plants.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(4)(3).
Law Implemented: SDCL 34-20G-46(2).
MEDICAL CANNABIS 44:90
12 44:90:02:17. Fees for registry identification cards.
(1) The base fee for initial application and yearly renewal of a patient registry identification
card for a resident of South Dakota or a nonresident is:
(a)(1) For a low-income qualifying patient, $20 twenty dollars; and
(b)(2) For all other applicants, $75 seventy-five dollars.
(2) Qualifying patients shall submit an additional $20 The application fee for the issuance of
any a designated caregiver registry identification card, except for the designation of a designated
caregiver at the time of the initial or renewal application is twenty dollars.
(3) An additional $20 fee is required for the printing of a two-part The application fee for a
registry identification card for patients designated to cultivate cannabis or designate a designated
caregiver to cultivate authorizing the cultivation of cannabis is an additional twenty dollars.
(4) Nonresidents shall submit a $75 fee with a registration application.
All fees imposed under this section shall be are nonrefundable.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(10)(11).
Law Implemented: SDCL 34-20G-29, 34-20G-72(10)(11).
MEDICAL CANNABIS 44:90
13 44:90:03:02. Certificate renewal -- Application. A To maintain a registration certificate, a
renewal application for a registration certificate:
(1) Is required every 12 twelve months from the registration certificate's date of issuance; and
(2) Must include all components of an initial application, except that a detailed description of
any changes to operating procedures, or a certification that no such changes exist, may be substituted
for a complete set of operating procedures.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(2)(1).
Law Implemented: SDCL 34-20G-55(1), 34-20G-57, 34-20G-61.
MEDICAL CANNABIS 44:90
14 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 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 is to be cultivated, harvested, dried, stored,
manufactured, tested, or destroyed;
(b) Indicate the types of activities that are to take place in those areas;
(c) Identify a means of legal ingress onto property from the closest maintained public
right of way; and
(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), and
29 C.F.R. § 1910.123 § 1910.132 (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, or a written
explanation identifying and justifying any requirements of this section that are not applicable to the
establishment's operations and are excluded from the workplace safety plan;
(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 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 non-cardholders;
(9) A waste management plan for disposal of cannabis waste, including containing:
MEDICAL CANNABIS 44:90
15 (a) A description of how the cannabis waste is to be rendered unrecognizable and unfit
for use no later than seven days after becoming waste or prior to leaving the establishment,
whichever is shorter sooner, by grinding, shredding, or mulching, and then mixing the waste with at
least fifty percent soil, sawdust, grease, food waste, or yard waste;
(b) A description of how cannabis waste is to be documented as waste in the inventory
tracking system immediately after being identified as waste and description of how waste will be
moved and remain in a designated, secure, waste-rendering area within the medical cannabis
establishment;
(c) If approved by the department, a description of how cannabis waste that has not
been rendered unrecognizable or unfit for use is to be transferred to another commonly owned or
affiliated certified establishment, or to another department-approved location, for final rendering
and disposal, and how the unrendered cannabis waste transferred under this subdivision is to be
documented in the inventory tracking system, transported in a secure container, and maintained
under documented chain of custody until rendering and disposal;
(b)(d) If the establishment chooses to compost the waste, a description of how the
waste is to be rendered unrecognizable and unfit for use no later than seven days after becoming
waste or prior to leaving the establishment, whichever is sooner, before being moved to the
composting area and being composted within thirty days of becoming waste; and
(c)(e) A description of how the rendered waste is to be hauled from the premises
within thirty days of becoming waste;
(10) A wastewater plan, except for a dispensary that only generates domestic wastewater as
defined in § 74:53:01:01, including containing:
(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 the permit is not necessary; or
MEDICAL CANNABIS 44:90
16 (b) For establishments using an onsite wastewater system, the applicant's certification
of compliance with chapter 74:53:01;
(11) Pre-employment screening procedures, including containing criminal background
checks; and
(12) Processes for limiting access by unauthorized persons, including consisting of
verification of identity for all vendors and contractors, issuance of a visitor badge, and closely close
monitoring of all visitors; and
(13) Procedures for training all establishment agents in use of the inventory tracking system
prior to performing duties onsite or transporting cannabis.
Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(1)(4).
Law Implemented: SDCL 34-20G-55(1)(c), 34-20G-72(4).
MEDICAL CANNABIS 44:90
17 44:90:03:07. Cannabis testing facility operating procedures -- Additional requirements.
The written operating procedures for a testing facility must provide the department with sufficient
detail to determine the establishment’s facility's compliance with this article and SDCL chapter 34-
20G, including and contain:
(1) A policy signed by each owner of the facility that ensures management and personnel are
free from any undue internal and external commercial, financial, or other influences that may
adversely affect the quality of their the work performed by management and personnel or diminish
confidence in its the competence, impartiality, judgment, or operational integrity of management
and personnel;
(2) A signed disclosure by each owner of the facility stating that there is the owner has no
financial conflict with, interest in, investment in, landlord-tenant relationship with, or loan to, a
cannabis cultivation facility, cannabis product manufacturing facility, or cannabis dispensary;
(3) A list of analytical tests, specifying the analyte and technology for each, the applicant
facility intends to offer and:
(a) Certification that the facility applicant will shall, within six months of licensing
registration and 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 including all proposed analytical tests within its scope of
accreditation, with a scope of accreditation that includes all analytical tests performed by the facility;
or
(b) If an initial application or a renewal application for a cannabis For a testing facility
that has been licensed registered for less than 18 eighteen months, an agreement to:
(i) Submit quarterly reports to the department on its progress toward ISO/IEC
accreditation; and
MEDICAL CANNABIS 44:90
18 (ii) Comply with any department requests for confirmation testing at the
cannabis testing facility’s facility's expense;
(4) Standard operating procedures for all preanalytical, analytical, and post-analytical
processes performed by the laboratory facility;
(5) Protocols for performing validation studies of all analytical tests to be performed;
(6) Protocols for proficiency testing at an interval determined by the accrediting body and
documenting successful completion or corrective action, as defined by the accrediting body;
(7) A program to assess and document, at least annually, the competency of all technical and
scientific staff that perform preanalytical, analytical, and postanalytical processes;
(8) Policies and procedures that ensure the protection of its clients’ clients' confidential
information and proprietary rights, including and procedures for protecting the electronic storage
and transmission of results;
(9) Policies and procedures for collection and receipt of samples for mandatory or other
testing, including as follows:
(a) Step-by-step procedures for collecting representative samples from each matrix
type that are representative of the batch to be tested;
(b) Method for collection, preparation, packaging, labeling, documentation, and
transport of samples from each matrix type;
(c) Size of sample to be collected for each analytical test to be performed;
(d) Safeguards against contamination, including protective garb, sanitizing of
instruments, and care of sample collection containers;
(e) Labeling of sample containers; and
(f) Transport and storage conditions, including exposure to light, temperature, and
humidity;
(10) Chain of custody protocols and a sample chain of custody form;
MEDICAL CANNABIS 44:90
19 (11) Training procedures and records of training for all cannabis testing facility designees to
be maintained on the premises; and
(12) Equipment to be used and its listing by a nationally recognized testing laboratory.
For purposes of this section, “matrix” means a component or substrate that contains an analyte
being tested for.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(2)(5)(1)(4).
Law Implemented: SDCL 34-20G-55(1), 34-20G-72(5)(4).
Reference: International Organization for Standardization & International Electrotechnical
Commission. (2018). ISO/IEC 17025:2017: General Requirements for the Competence of
Testing and Calibration Laboratories, 2018, International Organization for Standardization &
International Electrotechnical Commission. Copies may be obtained at
https://www.iso.org/standard/66912.html. Cost: $138.
MEDICAL CANNABIS 44:90
20 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 departmentVideo surveillance system
-- Requirements.
44:90:04:09 Storage of camera footage video surveillance recordings -- Access by department
and law enforcement.
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 and visitor log required for authorized visitors.
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.
MEDICAL CANNABIS 44:90
21 44:90:04:19 Transport manifests -- Form and content.
44:90:04:20 Separate transport manifest required.
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.
MEDICAL CANNABIS 44:90
22 44:90:04:08. Recording by security cameras -- Access by department Video surveillance
system -- Requirements. The A medical cannabis establishment shall have a video surveillance
system must meet with the following minimum requirements specifications:
(1) Minimum resolution of 720 seven hundred twenty pixels;
(2) Internet protocol (IP) compatibility supporting live viewing by the department over a
secure internet connection;
(3) Minimum of 15 fifteen frames per second;
(4) Clear and accurate display of time and date;
(5) Cameras set to record 24 twenty-four hours a day at all establishments, except cameras
placed at exterior doors used by patients to enter or exit the dispensary that must be set to record
only outside of the dispensary’s operating hours to ensure patient privacy; and
(6) A backup power source allowing for recording and transmitting video for a minimum of
two hours during a power failure.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c)(4).
Law Implemented: SDCL 34-20G-64, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
23 44:90:04:09. Storage of camera footage video surveillance recordings -- Access by
department and law enforcement. An A medical cannabis establishment shall maintain video
surveillance recordings for a minimum of 90 sixty days, or for a longer period as specified by the
department if there is a pending investigation or pending criminal, civil, administrative, or other
legal proceeding involving the establishment, either:
(1) On a surveillance system storage device secured on the premises in a lockbox, cabinet, or
closet and alarmed with motion and seismic sensors to protect from employee tampering or criminal
theft; or
(2) Stored on a secure third-party server.
All video recordings are subject to inspection by any department employee pursuant to SDCL
34-20G-69 or law enforcement officer and must be copied and provided to the department or law
enforcement officer upon request.
An establishment shall maintain a list of all persons with access to video surveillance
recordings and maintain written procedures for controlling access to recordings.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c)(4).
Law Implemented: SDCL 34-20G-64, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
24 44:90:04:10. Alarm system. A medical cannabis establishment shall maintain an alarm
system:
(1) With monitored sensors on all or other intrusion-detection devices capable of detecting
unauthorized entry through exterior doors, windows, fences, and gates;
(2) Monitored by a security company capable of contacting the establishment and, if
necessary, law enforcement;
(3) That has an audible alarm capable of being disabled remotely by the security company;
and
(4) That alerts the security company during a power failure and operates for a minimum of
four hours on backup power.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(c)(4).
Law Implemented: SDCL 34-20G-64, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
25 44:90:04:13. Controlled access -- Verification of identity. No medical cannabis
establishment may share premises with or permit access directly from any residence or business
unless permitted by § 44:90:04:04. This section may not be interpreted to prohibit access from a
shared parking lot, walkway, concourse, or other area generally open to the public as part of a
shopping center or business park.
A medical cannabis An establishment shall verify the age and identity of any person entering
the premises by requiring the person to present a valid photographic identification document issued
by this state, another state, tribe, or the federal government. Unless permitted by SDCL 34-20G-65
or § 44:90:08:01, no person may enter the premises other than agents of the establishment,
contractors 18 years of age or older hired by the establishment, employees or agents of the
department, law enforcement officers, or employees or agents of other local or state agencies with
regulatory authority, including fire marshals, electrical inspectors, pesticide control staff, and
environmental inspectors, for the purpose of exercising such regulatory authority:
(1) Agents of the establishment;
(2) Contractors eighteen years of age or older hired by the establishment;
(3) Employees or agents of the department in their official capacity;
(4) Law enforcement officers in their official capacity;
(5) Fire marshals, electrical inspectors, pesticide control staff, and environmental inspectors,
or other employees or agents of local or state agency, for the purpose of exercising that regulatory
authority;
(6) Members of the Legislature;
(7) Physicians licensed under SDCL chapter 36-4;
(8) Physician assistants licensed under SDCL chapter 36-4A; or
(9) Advanced practice registered nurses licensed under SDCL chapter 36-9A.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
MEDICAL CANNABIS 44:90
26 General Authority: SDCL 34-20G-72(5)(c)(4).
Law Implemented: SDCL 34-20G-65, 34-20G-69, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
27 44:90:04:14. Visitor badges to be worn by contractors performing work at a medical
cannabis establishment and visitor log required for authorized visitors. A medical cannabis
establishment shall issue a visitor badge to any temporary contractor of the establishment whose
scope of work will not involve the handling of cannabis, cannabis plants or cannabis products,
including a carpenter, electrician, plumber, engineer, or alarm technician visitor permitted to enter
the premises under § 44:90:04:13 and who is not an agent of the establishment or an employee of
the department who possesses an official state badge. Such contractors The visitor shall work or
remain under the direct supervision of a medical cannabis an establishment agent whenever working
present in an area in which cannabis, cannabis plants, or cannabis products are present. Except for
an agent of the department, no visitor may be allowed to handle cannabis, cannabis plants, or
cannabis products at any time. The establishment shall maintain a visitor log for each visitor,
specifying the visitor's name, date and time of entry and exit, badge number, reason for the visit, and
the name of the establishment agent supervising the visitor.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(g)(4).
Law Implemented: SDCL 34-20G-65, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
28 44:90:04:15. Operation of agricultural, industrial, or other heavy equipment – Training
requirements. Establishment Medical cannabis establishment agents shall:
(1) Receive thorough training in the safe operation of any heavy agricultural equipment,
industrial equipment such as extraction and packaging equipment, and other heavy equipment such
as forklifts, before operating that equipment; and
(2) Complete OSHA Occupational Safety and Health Administration-approved certification
courses prior to using any equipment.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(g)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
29 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 be documented in the establishment’s records.
Any establishment agent who will enter data into the inventory tracking system required by
the department shall additionally receive at minimum two hours of hands-on training. At least one
establishment agent for each establishment shall receive at minimum four hours of training to act as
an administrator of the inventory tracking system. Each medical cannabis establishment shall
provide documentation, upon request, that one employee currently employed by the
establishment has completed a minimum of four hours of training on the use of the inventory
tracking system.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(g)(j)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
30 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 license registration certificate number of the
medical cannabis establishment transporting the cannabis or cannabis products;
(2) The name, address, phone number, and license registration certificate number of the
establishment receiving the items cannabis or cannabis products;
(3) The phone number and web address of the department’s secure verification system;
(4) Description and quantities, either by weight or unit, of all items cannabis or cannabis
products, including samples, contained in each transport;
(5)(4) Date of transport and approximate time of departure and arrival;
(6)(5) Vehicle make, model, and license plate number;
(7)(6) The name and signature of the driver and any other agent accompanying the transport;
and
(8)(7) The name and signature of the person accepting the transport, upon delivery.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(f)(j)(4).
Law Implemented: SDCL 34-20G-63.
MEDICAL CANNABIS 44:90
31 44:90:04:20. Separate transport manifest required. A separate transport manifest
containing the same requirement under § 44:90:04:19 shall must be prepared by the originating
medical cannabis establishment for each medical cannabis establishment that will is to receive
cannabis or cannabis products. The vehicle transporting the cannabis or cannabis products must
carry three copies at least one physical copy of each transport manifest:
(1) One for the recipient;
(2) One to be returned to the originating establishment for the purposes of record keeping;
and
(3) One to be provided at the request of law enforcement or an agent of the department, if the
vehicle is involved in a traffic stop or collision.
If the transporting vehicle is involved in a traffic stop, collision, or is otherwise engaged by
law enforcement, the driver or other agent accompanying the transport must provide a physical copy
of the transport manifest to law enforcement, upon request.
The driver or other agent accompanying the transport must provide a digital or physical copy of the
transport manifest to the department upon request and to the receiving establishment. The originating
establishment must also retain a digital or physical copy of the transport manifest.
Any cannabis or cannabis products, including samples, that are refused by the intended
recipient must be noted on the transport manifest and noted in the originating establishment’s
establishment's inventory records after the items cannabis or cannabis products are returned.
A transport manifest may not be altered from the originating establishment except as provided
for in this section.
The transport manifest does not take the place of a chain-of-custody form that may be required
of the establishment.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(f)(j)(4).
MEDICAL CANNABIS 44:90
32 Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
33 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; and
(4) Meet all requirements of §§ 44:90:04:05, 44:90:04:07, and 44:90:04:10.
Source: 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-64, 34-20G-65, 34-20G-72(4).
MEDICAL CANNABIS 44:90
34 CHAPTER 44:90:06
CANNABIS TESTING FACILITIES
Section
44:90:06:01 Required accreditation and registration -- Drug Enforcement Agency.
44:90:06:02 Adherence to standard operating procedures -- Quality control and quality
assurance.
44:90:06:03 Sample collection.
44:90:06:04 Field audits.
44:90:06:05 Chain of custody protocols.
44:90:06:06 Chain of custody -- Forms.
44:90:06:07 Reporting of test results.
44:90:06:08 Analytical testing result verification.
44:90:06:09 Results of confirmation testing.
44:90:06:10 Transportation to the South Dakota Public Health Laboratory.
MEDICAL CANNABIS 44:90
35 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 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. § 1301.13 (June 28, 2021).
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023; 52
SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(4)(k).
Law Implemented: SDCL 34-20G-65.1, 34-20G-72(4), 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, 2018, International Organization for Standardization &
International Electrotechnical Commission. Copies may be obtained at
https://www.iso.org/standard/66912.html. Cost: $138.
MEDICAL CANNABIS 44:90
36 44:90:06:04. Field audits. Field audits must be conducted The cannabis testing facility's
quality assurance staff shall conduct field audits at least quarterly by the cannabis testing facility’s
quality assurance staff annually to verify that samples are being collected in accordance with the
cannabis testing facility’s facility's standard operating procedures as follows:
(1) Reviewing sampling records from the previous quarter and previous year for signs of
irregularities;
(2) Observing the collection of samples by each person authorized to collect samples;
(3) Collecting verification samples for comparison of results to samples collected by each
person authorized to collect samples;
(4) Recording any deficiencies identified;
(5) Informing any affected cannabis cultivation facility or cannabis product manufacturing
facility that past results may have been affected by any deficiencies uncovered; and
(6) Instituting corrective action.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(k)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
37 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 than 90 ninety days, any residual samples in the container in which
the sample was submitted the containers that were used to separate the original samples for testing;
(3) Handling procedures during collection, transport, and testing to avoid loss, damage,
diversion, contamination, or misidentification of samples; and
(4) The use of a Using the chain of custody form that documents to document the collection,
transport, receipt, testing, and destruction of samples.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(k)(l)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
38 44:90:06:07. Reporting of test results. The cannabis testing facility shall provide 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 shall update, each day by midnight, the inventory tracking system
with:
(1) All samples collected; and
(2) The results of all voluntary and mandatory tests performed, including as applicable with
a quantitative value and whether the sample has passed or failed the test, as applicable; and
(3) Any samples that have been destroyed.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(d)(e)(h)(k)(l)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-65.1, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
39 44:90:07:04. Prohibited manufacturing activities. A cannabis product manufacturing
facility may not:
(1) Manufacture a cannabis product in the distinct shape of a human, animal, creature, vehicle,
fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under
twenty-one years of age;
(2) Manufacture a cannabis product by adding or infusing cannabis into a commercially
available, noncannabis end product;
(3) Manufacture any edible cannabis product, except a tincture, oil, or capsule, which has
more than fifty one hundred milligrams of tetrahydrocannabinol (THC) per serving;
(4) Package in a marketing layer an edible cannabis product, except a tincture or oil, or
capsule containing oil with more than five hundred milligrams of total THC;
(5) Manufacture any cannabis product except:
(a) Vaporizer products;
(b) Concentrated cannabis;
(c) Cannabis tinctures, oils, or capsules containing oil;
(d) Cannabis beverages;
(e) Other edible cannabis products; or
(f) Topical cannabis products;
(6) Manufacture any product intended for ophthalmic, otic, rectal, or vaginal administration;
(7) Manufacture any cannabis product intended for inhalation using or containing
polyethylene glycol, vitamin E acetate, or medium chain triglyceride oil;
(8) Manufacture a product using cannabis or concentrated cannabis that has not passed failed
any test required by the department, except cannabis or concentrated cannabis that may be
remediated pursuant to this article;
(9) Manufacture cannabis products intended for non-human consumption;
MEDICAL CANNABIS 44:90
40 (10) Manufacture products that do not contain cannabis on the same premises as cannabis
products; or
(11) Extract cannabis using pressurized canned flammable fuel, handheld torch devices,
refillable cigarette lighters, or similar consumer products.
Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-20G-72(4)(e)(h).
Law Implemented: SDCL 34-20G-66, 34-20G-72(4).
MEDICAL CANNABIS 44:90
41 44:90:08:03. Preventing unauthorized sales -- Training requirements. Before interacting
with any cardholder, any employee of a dispensary shall must be trained to:
(1) Determine the authenticity of registry identification cards;
(2) Verify that the person presenting a registry identification card is the authorized cardholder
with a valid photographic identification document;
(3) Use the verification system by phone, point-of-sale software, and mobile application; and
(4) Track the amount of cannabis dispensed for a patient’s patient's use and consolidate the
amounts in sales to the patient and the patient’s patient's designated caregiver; and
(5) Verify that the dispensary has been designated to make sales to the patient or the patient’s
designated caregiver.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(g)(4).
Law Implemented: SDCL 34-20G-70, 34-20G-71, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
42 44:90:09:02. Absence of mandatory testing. The absence of mandatory testing for a
particular compound or element 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 media containing unsafe levels of lead, arsenic, cadmium, or mercury
pursuant to § 44:90:05:10.
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d)(e)(4).
Law Implemented: SDCL 34-20G-65.1, 34-20G-72(5)(4)(d)(e).
MEDICAL CANNABIS 44:90
43 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 fifty pounds, and as directed
by a cannabis testing facility;
(2) Divide cannabis products into homogenous batches as directed by a cannabis testing
facility, and in accordance with the following size limitations:
(a) Cannabis product batches containing concentrated cannabis may not exceed 50
fifty pounds (22.7 kilograms); and
(b) Cannabis product batches containing cannabis extract or products that are infused
with cannabis or cannabis extract may not exceed 70,000 seventy thousand unpackaged retail
servings;
(3) Assign a unique batch identifier to the cannabis or cannabis products; and
(4) When cannabis is harvested or trimmed:
(a) Cannabis flower shall be assigned Assign cannabis flower to a batch containing a
single strain from a single harvest date; and
(b) Cannabis trim may be assigned Assign cannabis trim to a batch containing single
or multiple strains and from a single trimming date or multiple trimming dates.
A batch may be divided into multiple containers. If a cannabis or cannabis product yield is in
excess of the batch size limitations, the yield must be divided into separate batches in accordance
with this section in order to be sampled. With the exception of trim, all cannabis and cannabis
products in each batch must be uniform throughout.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(d)(k)(l)(4).
Law Implemented: SDCL 34-20G-72(5)(4)(l).
MEDICAL CANNABIS 44:90
44 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 cultivation
facility or cannabis product manufacturing facility may not alter the cannabis or cannabis product
batch after sampling has occurred.
The cannabis testing facility or a designee of a cannabis testing facility shall sample the
amount of cannabis and cannabis products in increments in accordance with the tables below, in
addition to sample collection procedures:
Cannabis Flower and Trim
Batch Size Range (lbs) Batch Size Range (kg) Minimum Sample
Amount (g) Sample Increments
Representing Total
Minimum Sample
Amount
0-1.00 0 - 0.453592 2.50 5
1.01-10.00 0.4581283 - 4.53592 4.00 8
10.01-20.00 4.5404596 - 9.07185 7.50 15
20.01-40.00 9.0763833 - 18.1437 11.0 22
40.01-50.00 18.148231 - 22.6796 16.50 33
If a cannabis testing facility or a cannabis testing facility designee requires a sample amount
that exceeds the minimum sample amount for cannabis batch size range as specified in the table
above, the testing facility or designee must use sample increments of 0.5 grams.
Cannabis Products – Concentrated Cannabis
Batch Size Range (lbs) Batch Size Range (kg) Minimum Sample
Amount (g) Sample Increments
Representing Total
MEDICAL CANNABIS 44:90
45 Minimum Sample
Amount
0-1.00 0 - 0.453592 1.25 5
1.01-2.00 0.4581283 - 0.907185 2.00 8
2.01-5.00 0.9117207 - 2.26796 3.75 15
5.01-15.00 2.272498 - 6.80389 5.50 22
15.01-50.00 6.8084215 - 22.6796 8.25 33
If a cannabis testing facility or a cannabis testing facility designee requires a sample amount
that exceeds the minimum sample amount for the batch size range of a cannabis product containing
concentrated cannabis, as specified in the table above, the testing facility or designee must use
sample increments of 0.25 grams.
Cannabis Products – Cannabis Infused Products
Batch Size
Range
(Unpackaged
Servings) Minimum
Sample
Amount
(Unpackaged
Servings) Minimum
Number of
units for
Sampling a
5-Serving
Unit Minimum
Number of
units for
Sampling a
10-Serving
Unit Minimum
Number of
units for
Sampling a
20-Serving
Unit Minimum
Number of
units for
Sampling a
100-Serving
Unit
0-100 5 2 2 2 2
100-1,000 8 2 2 2 2
1,000-5,000 15 3 2 2 2
5,000-10,000 22 5 3 2 2
10,000-
50,000 33 7 4 2 2
MEDICAL CANNABIS 44:90
46 50,000-
70,000 43 9 5 3 3
A serving unit is a single quantity of all pre-packaged total servings for one product package
of cannabis infused product intended for sale.
The cannabis product manufacturing facility must determine the size of a serving for each
cannabis infused product in accordance with § 44:90:07:04, and the number of servings in the
cannabis product batch. If the minimum required number of sample servings does not align with the
anticipated final form of the product, the cannabis testing facility or a cannabis testing facility
designee must increase sample increments to ensure products are sampled in final form.
If a cannabis testing facility or a cannabis testing facility designee requires a sample amount
that exceeds the minimum sample amount for the batch size range of a cannabis product containing
cannabis infused cannabis, as specified in the table above, the testing facility or designee must use
sample increments of one serving.
Source: 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(l)(4).
Law Implemented: SDCL 34-20G-65.1, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
47 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 pesticides may not be
remediated;
(2) Cannabis and cannabis products that fail tests for prohibited solvents may not be
remediated;
(3) An The medical cannabis establishment shall outline outlines its processes for remediating
cannabis and cannabis products in its operating procedures;
(4) An The establishment shall obtain obtains department permission before remediating a
batch of cannabis or cannabis products; and
(5) Any cannabis or cannabis products must be retested and must pass all required tests after
remediation.
The Certificate of Analysis shall indicate if cannabis and cannabis products have been
subjected to any type of decontamination or pretreatment prior to initial testing under § 44:90:09:01
or remediation after initial testing.
Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022.
General Authority: SDCL 34-20G-72(5)(d)(e)(l)(4).
Law Implemented: SDCL 34-20G-63, 34-20G-72(5)(4).
MEDICAL CANNABIS 44:90
48 44:90:10:01.01. Packaging for transfer or sale -- General requirements. All cannabis or
cannabis products shall must 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 contamination;
(5) Do not impart any toxic or deleterious substance to the packaged item; and
(6) Except for the bulk sale of flower or transfer thereof, are packaged in a child-resistant
container that is and ready for sale to the patient or designated caregiver.
Shipping containers of flower are limited to ten twenty-five pounds or less.
Source: 48 SDR 54, effective November 15, 2021.
General Authority: SDCL 34-20G-72(5)(j)(4).
Law Implemented: SDCL 34-20G-72(5)(4)(j).
MEDICAL CANNABIS 44:90
49 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 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.
For the purposes of this session section, the term "measuring device" means a dosing syringe,
measuring cap, or dropper but does not mean hash marks on the bottle or package.
Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(4)(j).
Law Implemented: SDCL 34-20G-72(4)(j).
MEDICAL CANNABIS 44:90
50 44:90:11:06. Cultivation facility inventory records -- Additional requirements. The
inventory record of a cultivation facility must include a unique identifier for each seedling batch,
immature plant, and mature plant that must be printed on a label affixed to the growing container or
on the inventory tracking system plant tag around the plant’s plant's stalk. Each immature and mature
cannabis plant must have an unique inventory tracking system plant tag atached attached once it is
over twelve inches in height. The inventory record must be updated each time:
(1) A seedling exceeds its size limit and is considered a plant;
(2) A plant flowers for the first time;
(3) A plant is manicured or harvested;
(4) A testing batch is created; or
(5) Cannabis is packaged for retail sale.
The record for a testing batch must indicate the unique identifier for each plant used to produce
the batch. The record for cannabis packaged and labeled for transfer to a dispensary must include
the number of marketing layers and the quantity of cannabis in each marketing layer, as expressed
according to the relevant labeling requirement.
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(4)(b)(j).
Law Implemented: SDCL 34-20G-63, 34-20G-72(4)(b)(j).
Cross Reference: Packaging, labeling, and advertising, chapter 44:90:10.
MEDICAL CANNABIS 44:90
51 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 medical cannabis establishment to
comply with a corrective action plan that may include: submit a corrective action plan for department
review and approval. The establishment shall comply with the corrective action plan as approved by
the department. The department may inspect, review records, or otherwise verify implementation of
the approved corrective action plan. A corrective action plan 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 shall provide notice of the order to destroy a batch of cannabis or cannabis
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 an establishment.
The order must identify the 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 an establishment from initiating corrective action, including
voluntarily recalling cannabis or cannabis products.
Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(4).
Law Implemented: SDCL 34-20G-69, 34-20G-72(4)(a)(d).
MEDICAL CANNABIS 44:90
52 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:
(a) First offense, corrective action plan to be submitted and approved; and
(b) Second or subsequent offense, one thousand dollars; and
(5) Category 5 violation, five hundred dollars:
(a) First offense, corrective action plan to be submitted and approved; and
(b) Second or subsequent offense, 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: 52 SDR 10, effective August 4, 2025.
General Authority: SDCL 34-20G-72(6).
Law Implemented: SDCL 34-20G-72(6)(a), 34-20G-80.