S.D. Admin. R. 12:82:04:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 12:82:04:01 - Negligent violation

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.

S.D. Admin. R. 12:82:04:01

47 SDR 075, effective 12/28/2020; 49 SDR 047, effective 11/22/2022

General Authority: SDCL 38-35-11(3)(7)

Law Implemented: SDCL 38-35-2, 38-35-9, 38-35-11, 38-35-16.