12 : 82 : 02 : 01 . Applications. Except as provided in this section, a ny person or legal business entity in South Dakota shall obtain a n industrial hemp license from the department to purchase, receive, or obtain industrial hemp for planting, storing, propagating, producing, or processing. An industrial hemp license is not required:

1. (1) For the possession or distribution of hemp seed;
2. (2) To obtain industrial hemp product;
3. (3) For employees of this state when performing official duties; or

4. (4) For laboratories testing industrial hemp seed to determine label information, in accordance with SDCL 38-12A-9.

   Example: The term "industrial hemp" includes seedlings and clones.

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

General Authority: SDCL 38-35-11 (1).

Law Implemented: SDCL 38-35-2 , 38-12A-9 .

Prior versions effective: 2020-12-28.