Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
Upon the department's determination that a negligent violation related to the growing or processing of industrial hemp has occurred, the department will institute a corrective action plan. Negligent violations include: (1) A failure to provide an accurate legal description of land on which industrial hemp is produced; (2) A failure to obtain a license for inadvertent or unknown growth of industrial hemp; (3) The production of cannabis with total THC exceeding 1% on a dry weight basis; and (4) The growing of industrial hemp outside of a licensed planting site. A licensee may not be subject to any criminal enforcement action as a result of a negligent violation. Three negligent violations in a five-year period shall result in a grower being ineligible to produce industrial hemp for a period of five years from the date of the last violation. The department may not charge the grower or research licensee with more than one negligent violation in a calendar year.
Source: 47 SDR 75, effective December 28, 2020; 49 SDR 47, effective November 22, 2022.