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 […]
Section 38-35-22 – Industrial hemp used in wildlife food plots.
38-35-22. Industrial hemp used in wildlife food plots. Industrial hemp used in wildlife food plots not intended to be harvested must be sampled by November 1 of the year planted. No cannabidiol varieties shall be grown for the purpose of wildlife food plots. Source: SL 2022, ch 155, §17, 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, […]