44 : 90 : 10 : 12 . Contents -- Expiration date -- Net weight or volume -- Nutritional information. The label of any cannabis or cannabis product must:

1. (1) Include an expiration date that does not exceed twelve months for edible products or fourteen months for non-edible cannabis or cannabis products from the date of harvest or manufacture, as applicable;

2. (2) Include a statement of net contents identifying the net weight or volume of the cannabis or cannabis product, expressed:

   1. (a) If a solid, in both ounces and grams or milligrams; or
   2. (b) If a liquid or colloid, in both fluid ounces and milliliters;
3. (3) State the equivalent cannabis weight, calculated according to the equivalent cannabis weight table in § 44:90:02:16;

4. (4) For any edible cannabis product, except tinctures, oils, and capsules:

   1. (a) Identify the size of a serving of tetrahydrocannabinol expressed in ounces and grams or milligrams, fluid ounces or milliliters, or number of pieces, and the number of servings per marketing layer; and
   2. (b) Include a nutritional fact panel in accordance with 21 C.F.R. § 101.9 (August 29, 2016);
5. (5) For tinctures, oils, and capsules, contain the size of one or more dosages, expressed in milliliters, number of drops, or number of capsules, along with the amount of tetrahydrocannabinol, in milligrams, in each dosage identified; and

6. (6) For vaporizer products and topical cannabis products, the weight of concentrated cannabis used to manufacture the product in milligrams or grams.

   Once the label is affixed to cannabis or a cannabis product, an establishment may not alter the label's expiration or affix a new label with a later expiration date unless testing pursuant to § 44:90:10:12.02 supports a longer shelf life.

   The provisions of this section do not apply to cannabis or cannabis product that was wholly and fully packaged prior to October 1, 2025. Such cannabis or cannabis product may be made available for retail purchase as long as the packaging label includes a product expiration date, upon which the edible cannabis product will no longer be fit for consumption, or a use-by date, upon which the edible cannabis product will no longer be optimally fresh. Once the cannabis or cannabis product reaches the expiration or use-by date it may be repurposed or retested pursuant to § 44:90:10:12.02.

Source: 48 SDR 40, effective October 5, 2021; 50 SDR 62, effective November 27, 2023; 52 SDR 10, effective August 4, 2025 (effective October 1, 2025).

General Authority: SDCL 34-20G-72 ( 4 ) (j)(7) .

Law Implemented: SDCL 34-20G-65.1 , 34-20G-72 ( 4 ) (7) .

Prior versions effective: 2025-08-04, 2023-11-27, 2021-10-05.