In lieu of destruction pursuant to § 44:90:12:03, an establishment may have the cannabis or cannabis product tested, provided the testing is available from a testing facility in this state and is conducted to verify the reason cited in the order of destruction from the department. The establishment shall notify the department within five business days of receiving the order of destruction of its intent to have the cannabis or cannabis product tested.

The establishment shall submit the cannabis or cannabis product to the testing facility within fifteen business days of the department's order of destruction. An establishment shall notify the department of the results of the test within twenty-four hours of receipt from the testing facility. If the test results show the cannabis or cannabis product meets the requirements for contaminants required by this article, the establishment is not required to destroy the cannabis or cannabis product. If the cannabis or cannabis product fails testing, the cannabis or cannabis product must be destroyed within forty-eight hours of receipt of the test results by the establishment.

All costs incurred for testing are the responsibility of the establishment.

Source: 52 SDR 10, effective August 4, 2025 .

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

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