44 : 90 : 05 : 05 . Hours of operation -- Exigent circumstances. Agents of a cultivation facility may not, outside of the hours of operation stated in the facility’s approved operating procedures, plant, feed, water, treat, move, harvest, dry, cure, package, or destroy cannabis, except:

1. (1) Under exigent circumstances in which prompt action is necessary to protect inventory from destruction; and
2. (2) With notice to the department within one business day regarding the character of the exigent circumstances, the activities conducted, and the date and time of the activities.

Source: 48 SDR 40, effective October 5, 2021.

General Authority: SDCL 34-20G-72 (5)(e).

Law Implemented: SDCL 34-20G-64 , 34-20G-72 (5).