South Dakota sets hemp cultivation and transport rules

Uses a 0.3% total delta-9 THC limit for hemp and hemp products. Hemp includes the cannabis plant and its parts; hemp products are finished goods made from hemp. Hemp products may not contain delta-8 THC, delta-10 THC, THC-O, HHC, or THCP. The THC limit is measured on a dry-weight basis after decarboxylation or an approved conversion method. These definitions apply beginning January 1, 2027.

Requires hemp transporters to carry licenses, laboratory records, signed statements, and shipment manifests. Nonproducer transporters must carry four documents; licensed hemp producers transporting hemp must carry their license and a separate manifest. Nonproducer transporters must carry a copy of the growing license, a DEA-registered laboratory report, a signed affirmation, and a detailed bill of lading or manifest. Producer manifests must identify the transporter, harvest lot, destination storage location, and vehicle. Failing to possess the required documents is a Class 2 misdemeanor. These transport rules apply beginning January 1, 2027.

Allows only a licensed hemp producer to cultivate hemp in South Dakota. The rule covers anyone cultivating hemp in the state and requires the producer to hold a federal or tribal program license recognized by the bill. The enrolled text also repeals sections 38-35-2 through 38-35-12, 38-35-14, 38-35-15, 38-35-18, 38-35-20, and 38-35-22. The supplied text does not show what each repealed section contained. The cultivation rule and listed repeals apply beginning January 1, 2027.