44 : 90 : 12 : 01 . Department inspection of establishments. T he department may conduct an onsite inspection of an establishment during an unannounced visit or in response to a complaint. An a gent of the department:

1. (1) Shall present identification to an establishment agent before commencing an inspection of an establishment;
2. (2) Shall have complete and unrestricted access to an establishment during business hours for the purposes of inspection;
3. (3) May collect samples of cannabis and cannabis products and perform analytical tests on those samples or submit them to a cannabis testing facility for testing;
4. (4) May inspect the contents of any vehicle used by an establishment to transport cannabis or cannabis products and examine the transport manifest; and

5. (5) Shall have access to inventory records and certificates of analysis maintained by an establishment, including collecting paper or electronic copies for further review.

   The department shall provide an establishment the results of any analytical tests performed on samples taken from the establishment and shall inform the establishment whether the cannabis or cannabis products from which the samples were taken are nonusable.

Source: 48 SDR 40, effective October 5, 2021; 52 SDR 10, effective August 4, 2025.

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

Law Implemented: SDCL 34-20G-69 , 34-20G-72 (4)(a)(b)(d)(e)(f)(h)(l) .

Prior versions effective: 2021-10-05.