12 : 82 : 01 : 01 . Definitions. Terms defined in SDCL 38-35-1 shall have the same meaning in this article. In addition, terms used in this article mean:

1. (1) “Acceptable hemp THC level,” when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannibinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less;
2. (2) “Certificate of analysis,” a report that is prepared by a certified laboratory and contains the laboratory’s analytical testing and the testing results;
3. (3) “Residential dwelling,” any building or structure, including single family or multi-family homes, used and occupied for human habitation; and
4. (4) “THC byproduct,” processed industrial hemp with a total delta-9-tetrahydrocannabinol greater than the acceptable hemp THC level that has not entered the stream of commerce.

Source: 47 SDR 75 , effective December 28, 2020; 49 SDR 47, effective November 22, 2022 .

General Authority: SDCL 38-35-11 .

Law Implemented: SDCL 38-35-1 , 38-35-1 1 .

Prior versions effective: 2020-12-28.