S.D. Codified Laws § 38-35-7

Current through the 2024 Legislative Session
Section 38-35-7 - License issuance-Denial, revocation, or suspension-Contested case

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.

SDCL 38-35-7

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.
Amended by S.L. 2024, ch. 168,s. 4, eff. 7/1/2024.
Amended by S.L. 2022, ch. 155,s. 7, eff. 3/18/2022.
Amended by S.L. 2021, ch. 182,s. 4, eff. 3/25/2021.
Added by S.L. 2020, ch. 176,s. 7, eff. 3/27/2020.