2021 South Dakota Codified Laws
Title 38 - Agriculture and Horticulture
Chapter 35 - Industrial Hemp
Section 38-35-16 - Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty.
38-35-16. Transportation--Consent to search and seizure--Inspection by law enforcement--Penalty.
Any transporter is deemed to have given consent to the reasonable search and seizure by law enforcement of any hemp without a warrant to determine the lawful amount of delta-9 tetrahydrocannabinol concentration. Any law enforcement officer may require any transporter to stop for the purposes of inspection. During a stop, a law enforcement officer may collect a sample of any hemp for the purpose of testing for any concentration of delta-9 tetrahydrocannabinol that exceeds three-tenths of one percent on a dry weight basis. Each sample collected by law enforcement may not exceed eight ounces.
It is a Class 2 misdemeanor to transport industrial hemp, but not industrial hemp product, without appropriate documentation demonstrating compliance with an industrial hemp program of a federal, state, or tribal authority, in addition to any permit or documentation required by §38-35-17.
Source: SL 2020, ch 176, § 16, eff. Mar. 27, 2020.
