Section 38-35-23 – Prohibition on industrial hemp and marijuana being commingled.
38-35-23. Prohibition on industrial hemp and marijuana being commingled. No industrial hemp may be grown, stored, or transported concurrently with marijuana. A violation of this section is a Class 2 misdemeanor. Source: SL 2022, ch 155, §18, eff. Mar. 18, 2022.
Section 38-35-17.1 – Grower licensee transportation documentation requirements–Violation as misdemeanor.
38-35-17.1. Grower licensee transportation documentation requirements–Violation as misdemeanor. A grower licensee traveling from the land as described in the licensee’s application to the storage location as described in the licensee’s application shall have in the transporter’s possession the following: (1)A copy of the grower license under which the industrial hemp was grown or produced; and […]
Section 38-35-18 – Rules of United States Department of Agriculture.
38-35-18. Rules of United States Department of Agriculture. Each applicant, licensee, key participant, and transporter of industrial hemp, other than industrial hemp product, shall abide by any rules set forth by the United States Department of Agriculture and the United States Department of Agriculture-approved state hemp production plan. Source: SL 2020, ch 176, §18, eff. […]
Section 38-35-3.1 – Application for a research license.
38-35-3.1. Application for a research license. Any person seeking to plant, store, propagate, or produce industrial hemp for the purpose of research shall apply to the secretary for a research license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter […]
Section 38-35-19 – Reporting to attorney general.
38-35-19. Reporting to attorney general. The attorney general shall annually collect and compile information, statistical and otherwise, which will, as far as practicable, present an accurate survey and may be useful in the study of the effect legalizing industrial hemp has had on controlled substance and marijuana prosecutions in this state, including the extent and […]
Section 38-35-4 – Application for processor license–Fee–Location notice.
38-35-4. Application for processor license–Fee–Location notice. After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to §38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product, for processing shall apply to the secretary for a processor license on an application […]
Section 38-35-20 – Coordination with other government entities.
38-35-20. Coordination with other government entities. The department, Department of Health, and Department of Public Safety may provide to another state, local, tribal, or federal government entity, any specific licensee or permittee information as may be necessary to verify the legality or compliance of any licensee or permitee under this chapter. Application for, and receipt […]
Section 38-35-5 – Criminal background check–Denial of license for conviction–Licensure exemption.
38-35-5. Criminal background check–Denial of license for conviction–Licensure exemption. Each applicant for any license under this chapter, key participant, and landowner, if the applicant is the lessee, shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon […]
Section 38-35-21 – Industrial hemp for smoking prohibited–Violation as misdemeanor.
38-35-21. Industrial hemp for smoking prohibited–Violation as misdemeanor. The sale or use of industrial hemp for smoking or inhaling is prohibited. A violation of this section is a Class 1 misdemeanor. Source: SL 2020, ch 176, § 21, eff. Mar. 27, 2020.
Section 38-35-6 – Hemp regulatory program fund–Purpose–Expenditures.
38-35-6. Hemp regulatory program fund–Purpose–Expenditures. There is hereby created within the state treasury the hemp regulatory program fund, into which all application fees, license fees, inspection fees, and other fees or revenue paid to the state from the operation of the hemp regulatory program shall be deposited. All moneys in the fund created in this […]