South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:82 - Industrial Hemp
Chapter 12:82:04 - Enforcement
Section 12:82:04:01 - Negligent violation
Current through Register Vol. 50, page 114, March 25, 2024
Upon any determination that a negligent violation related to the growth or processing will institute a corrective action plan. Negligent violations include:
(1) Failure to provide accurate legal description of land where industrial hemp is produced;
(2) Failure to obtain a license for inadvertent or unknown growth of industrial hemp;
(3) Production of cannabis with total THC exceeding 1% on a dry weight basis; or
(4) Growth of industrial hemp outside of a licensed planting site.
As a result of a negligent violation, a licensee shall not be subject to any criminal enforcement action. Three negligent violations in a five-year period shall result in a grower being ineligible to produce industrial hemp for a period of five years from the date of the last violation. A grower licensee will not receive more than one negligent violation in a calendar year.
General Authority: SDCL 38-35-11(3)(7)
Law Implemented: SDCL 38-35-2, 38-35-9, 38-35-11, 38-35-16.
