S.D. Codified Laws § 38-35-7 (2026)
License issuance--Denial, revocation, or suspension--Contested case.
SL 2020, ch 176 , § 7, eff. Mar. 27, 2020; SL 2021, ch 182 , § 4, eff. Mar. 25, 2021; SL 2022, ch 155 , § 7, eff. Mar. 18, 2022; SL 2024, ch 168 , § 4.
If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with § 38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee. A grower or research license issued under this chapter is valid for fifteen months from the date of issuance. A processor license issued under this chapter is valid for up to three years from the date of issuance. The department may deny, revoke, or suspend a license of any person who:
- (1) Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;
- (2) Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;
- (3) Provides false or misleading information in connection with any application required by this chapter;
- (4) Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;
- (5) Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or
- (6) Requests the secretary to revoke or suspend the license. Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26.
Source: SL 2020, ch 176 , § 7, eff. Mar. 27, 2020; SL 2021, ch 182 , § 4, eff. Mar. 25, 2021; SL 2022, ch 155 , § 7, eff. Mar. 18, 2022; SL 2024, ch 168 , § 4.