44 : 90 : 09 : 01 . Mandatory testing prior to transfer for retail sale . A medical cannabis establishment must test every batch of cannabis or cannabis product intended for retail sale in final form prior to transfer. Any alterations made by a medical cannabis establishment after receipt of cannabis or cannabis product results in the creation of a new final form.

1. (1) Potency for tetrahydrocannabinol (THC) content and, if so labeled, cannabidiol content. The allowed variance for THC content may not exceed plus or minus ten percent;
2. (2) Microbials listed in subdivision 44:90:05:10(3);
3. (3) Mycotoxins listed in subdivision 44:90:05:10(2);
4. (4) Metals listed in subdivision 44:90:05:10(4) and § 44:90:07:03;
5. (5) Pesticides listed in subdivision 44:90:05:10(1); and
6. (6) Solvents listed in § 44:90:07:03.

The following tests are required for cannabis and cannabis products:

Source: 48 SDR 40, effective October 5, 2021; 49 SDR 9, effective August 8, 2022; 50 SDR 62, effective November 27, 2023.

General Authority: SDCL 34-20G-72 ( 4 )(d)(e) (l) .

Law Implemented: SDCL 34-20G-72 ( 4 ) (d)(e)(l) .

Prior versions effective: 2022-08-08, 2021-10-05.