12 : 82 : 04 : 01 . Negligent violation. Upon the department's determination that a negligent violation related to the growing or processing of industrial hemp has occurred, the department will institute a corrective action plan. Negligent violations include:

1. (1) A failure to provide an accurate legal description of land on which industrial hemp is produced;
2. (2) A failure to obtain a license for inadvertent or unknown growth of industrial hemp;
3. (3) The production of cannabis with total THC exceeding 1% on a dry weight basis; and

4. (4) The growing of industrial hemp outside of a licensed planting site.

   A licensee may not be subject to any criminal enforcement action as a result of a negligent violation. 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. The department may not charge the grower or research licensee with more than one negligent violation in a calendar year.

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

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

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

Prior versions effective: 2020-12-28.