S.D. Codified Laws § 38-35-3

Current with legislation signed by the governor on or before 3/6/2024
Section 38-35-3 - [Effective 7/1/2024] Application for grower license-Location and size requirements

After the department receives approval by the United States Secretary of Agriculture for the state plan submitted pursuant to § 38-35-15, any person seeking to purchase, receive, or obtain industrial hemp, other than industrial hemp product and industrial hemp stalk bales, for planting, storing, propagating, or producing shall apply to the secretary for a grower license on an application form prescribed by the department and submit a nonrefundable annual application fee. The secretary shall deposit fees collected under this chapter in the hemp regulatory program fund.

An application for licensure to plant, grow, or produce industrial hemp must be for at least one-half, contiguous outdoor acre with a three hundred plant minimum, or in a greenhouse with a fifty plant minimum, or combination thereof. No industrial hemp grower's license may be issued by the secretary to plant, grow, or produce industrial hemp within the corporate limits of any incorporated municipality without receiving verification from the municipality that it meets all applicable municipal zoning regulations.

SDCL 38-35-3

SL 2020, ch 176, §3, eff. Mar. 27, 2020; SL 2021, ch 182, §1, eff. Mar. 25, 2021; SL 2022, ch 155, §3, eff. Mar. 18, 2022.
Amended by S.L. 2024, ch. TBD,s. 2, eff. 7/1/2024.
Amended by S.L. 2022, ch. 155,s. 3, eff. 3/18/2022.
Amended by S.L. 2021, ch. 182,s. 1, eff. 3/25/2021.
Added by S.L. 2020, ch. 176,s. 3, eff. 3/27/2020.
This section is set out more than once due to postponed, multiple, or conflicting amendments.