44 : 90 : 10 : 05 . Packaging of cannabis beverages for retail sale. Cannabis beverages shall be packaged as follows:

1. (1) Single-serving cannabis beverages that do not contain more than ten milligrams of THC must be packaged in:

   1. (a) A child-resistant container;
   2. (b) A metal can with a stay tab mechanism opening; or
   3. (c) A glass bottle with a cork or metal crown style bottle cap;

2. (2) Multiple-serving cannabis beverages that contain more than ten milligrams of THC but no more than 100 milligrams of THC must:

   1. (a) Be packaged in a child-resistant container that has a resealing cap or closure; and

   2. (b) Include a measuring device such as a measuring cap or dropper. Hash marks on the bottle or package do not qualify as a measuring device.

      Cannabis beverages packaged according to this section may be bundled into a larger marketing layer so long as the total amount of THC per marketing layer does not exceed 100 milligrams.

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

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

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