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 concentration of more than three-tenths of one percent but not more than five-tenths of one percent, the licensee may request a retest at the licensee's expense. If upon the retesting, the total delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected shall either be destroyed or remediated and retested according to the United States Department of Agriculture guidelines. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a total delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter.
Source: SL 2020, ch 176, §14, eff. Mar. 27, 2020; SL 2021, ch 182, §7, eff. Mar. 25, 2021; SL 2022, ch 155, §13, eff. Mar. 18, 2022.
Structure South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Section 38-35-1 - Definitions.
Section 38-35-3 - Application for grower license--Location and size requirements.
Section 38-35-3.1 - Application for a research license.
Section 38-35-4 - Application for processor license--Fee--Location notice.
Section 38-35-5 - Criminal background check--Denial of license for conviction--Licensure exemption.
Section 38-35-6 - Hemp regulatory program fund--Purpose--Expenditures.
Section 38-35-7 - License issuance--Denial, revocation, or suspension--Contested case.
Section 38-35-8 - Planting verification--Documentation to be filed--Contents.
Section 38-35-10 - Inspection timing and procedure--Disclose information.
Section 38-35-11 - Promulgation of rules--Fees.
Section 38-35-12 - Department of Health--Promulgation of rules.
Section 38-35-14 - Testing samples--Exceeding concentration--Destruction or remediation of lot.
Section 38-35-18 - Rules of United States Department of Agriculture.
Section 38-35-19 - Reporting to attorney general.
Section 38-35-20 - Coordination with other government entities.
Section 38-35-21 - Industrial hemp for smoking prohibited--Violation as misdemeanor.
Section 38-35-22 - Industrial hemp used in wildlife food plots.
Section 38-35-23 - Prohibition on industrial hemp and marijuana being commingled.