S.D. Admin. R. 44:90:07:04

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:90:07:04 - Prohibited manufacturing activities

A cannabis product manufacturing facility may not:

(1) Manufacture a product in the distinct shape of human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under twenty-one years of age;

(2) Manufacture a cannabis product by adding or infusing cannabis into a commercially available, noncannabis end product;

(3) Manufacture any edible cannabis product, except a tincture, oil, or capsule that has more than fifty milligrams of THC per serving;

(4) Package in a marketing layer an edible cannabis product, except a tincture or oil, or capsule containing oil with more than five hundred milligrams of total THC;

(5) Manufacture any cannabis product except:

(a) Vaporizer pens or cartridges;

(b) Concentrated cannabis;

(c) Cannabis tinctures, oils, and capsules containing oil;

(d) Cannabis beverages;

(e) Other edible cannabis products; and

(f) Topical cannabis products for external use;

(6) Manufacture any product intended for ophthalmic, otic, rectal, or vaginal administration;

(7) Manufacture any cannabis product intended for inhalation using or containing polyethylene glycol, vitamin E acetate, or medium chain triglyceride oil;

(8) Manufacture a product using cannabis or concentrated cannabis that has not passed any test required by the department;

(9) Manufacture cannabis products intended for non-human consumption;

(10) Manufacture products that do not contain cannabis on the same premises as cannabis products; or

(11) Extract cannabis using pressurized canned flammable fuel, handheld torch devices, refillable cigarette lighters, or similar consumer products.

S.D. Admin. R. 44:90:07:04

48 SDR 040, effective 10/5/2021; 50 SDR 062, effective 11/27/2023

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

Law Implemented: SDCL 34-20G-72.