12 : 82 : 04 : 03 . Non-negligent violations. The department shall immediately report v iolations with a culpable mental state greater than negligence as determined by the department, including knowingly growing industrial hemp containing a total delta-9-THC concentration that exceeds one percent on a dry weight basis or a tolerance range , to the United States Attorney General and the South Dakota Attorney General.

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 38-35-7 , 38-35-9 , 38-35-11 .

Prior versions effective: 2020-12-28.