38-35-17. Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.
If the transporter is not a grower licensee, that transporter shall have in the transporter's possession the following documentation:
(1)A copy of the license under which the industrial hemp was grown or produced;
(2)A laboratory report produced by a Drug Enforcement Administration-registered laboratory that confirms the lot of origin of all hemp being transported complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R 990.70(d) and 990.71(d) in effect as of March 22, 2021;
(3)A signed affirmation from the licensee and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and
(4)A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.
Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.
Source: SL 2020, ch 176, §17, eff. Mar. 27, 2020; SL 2021, ch 182, §8, eff. Mar. 25, 2021; SL 2022, ch 155, §15, 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.