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 38-35-7 – License issuance–Denial, revocation, or suspension–Contested case.
38-35-7. License issuance–Denial, revocation, or suspension–Contested case. If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee. A […]
Section 38-35-8 – Planting verification–Documentation to be filed–Contents.
38-35-8. Planting verification–Documentation to be filed–Contents. Within thirty days of planting, each grower licensee under this chapter shall file with the department planting verification documentation as required by the secretary to identify the type and variety of each hemp seed planted with its corresponding lot. Source: SL 2020, ch 176, §8, eff. Mar. 27, 2020; […]
Section 38-35-9 – Entrance by department–Consent–Fee–Inspection, confiscation, and disposal–Costs–Liability for destruction–Records.
38-35-9. Entrance by department–Consent–Fee–Inspection, confiscation, and disposal–Costs–Liability for destruction–Records. The secretary may contract with the Department of Public Safety to conduct inspections and sampling of lots and any processor location. The department and the Department of Public Safety may enter on any land or other property where hemp is grown, produced, stored, or processed for […]
Section 38-35-10 – Inspection timing and procedure–Disclose information.
38-35-10. Inspection timing and procedure–Disclose information. At the discretion of the secretary, a grower licensee may be inspected and samples collected no more than thirty days before the hemp is harvested. The grower licensee shall contact the Department of Public Safety prior to harvest in order to ensure a reasonable amount of time to schedule […]
Section 38-35-11 – Promulgation of rules–Fees.
38-35-11. Promulgation of rules–Fees. The department shall promulgate rules, pursuant to chapter 1-26, to: (1)Establish application, application form, licensure, and renewal procedures; (2)Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of costs for the remediation thereof; (3)Establish criteria and procedures for denial, revocation, […]
Section 38-35-12 – Department of Health–Promulgation of rules.
38-35-12. Department of Health–Promulgation of rules. The Department of Health shall promulgate rules, pursuant to chapter 1-26, to: (1)Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture; (2)Establish testing […]
Section 38-35-14 – Testing samples–Exceeding concentration–Destruction or remediation of lot.
38-35-14. Testing samples–Exceeding concentration–Destruction or remediation of lot. The department compliance testing must be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the total delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a total delta-9 tetrahydrocannabinol […]
Section 38-35-15 – State hemp production plan–Submission to United States Department of Agriculture–Establishment of program.
38-35-15. State hemp production plan–Submission to United States Department of Agriculture–Establishment of program. The department shall work with the attorney general to develop a state hemp production plan and submit the plan to the United States Department of Agriculture for approval of a program to license the growth, production, storage, processing, and transportation of industrial […]
Section 38-35-16 – Transportation–Consent to search and seizure–Inspection by law enforcement–Penalty.
38-35-16. Transportation–Consent to search and seizure–Inspection by law enforcement–Penalty. Any transporter is deemed to have given consent to the reasonable search and seizure by law enforcement of any hemp without a warrant to determine the lawful amount of total delta-9 tetrahydrocannabinol concentration. For purposes of this section, product in process that is properly documented is […]