2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 35 - Industrial Hemp
Section 38-35-1 - Definitions.

38-35-1. Definitions.

Terms used in this chapter mean:

(1)"Department," the Department of Agriculture and Natural Resources;

(2)"Hemp" or "industrial hemp," the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(3)"Key participant," a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation or limited liability company;

(4)"Industrial hemp product," a finished manufactured product, or consumer product containing cannabidiol that is packaged for individual sale, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp;

(5)"Lot," a contiguous area in a field containing the same variety or strain of hemp throughout the area;

(6)"Process" or "processing," to convert or converting industrial hemp into industrial hemp product;

(7)"Processor," a person who processes industrial hemp;

(8)"Produce" or "producing," to grow or growing hemp plants in the field for processing;

(9)"Secretary," the secretary of the Department of Agriculture and Natural Resources; and

(10)"Transporter," any person transporting, hauling, or delivering hemp, but not industrial hemp product or sterilized seeds that are incapable of beginning germination.

Source: SL 2020, ch 176, § 1, eff. Mar. 27, 2020; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.