SD · constitutions
S.D. Const. art. XXX, § 7
Promulgation of rules
Not later than April 1, 2022, the department shall promulgate rules and issue regulations necessary for the implementation and enforcement of this article. The rules shall be reasonable and shall include:
(1) Procedures for the issuance, renewal, suspension, and revocation of licenses;
(2) Application, licensing, and renewal fees, not to exceed the amount necessary to cover the costs to the department of implementing and enforcing this article;
(3) Time periods, not to exceed ninety days, by which the department must issue or deny an application;
(4) Qualifications for licensees;
(5) Security requirements, including lighting and alarm requirements, to prevent diversion;
(6) Testing, packaging, and labeling requirements, including maximum tetrahydrocannabinol levels, to ensure consumer safety and accurate information;
(7) Restrictions on the manufacture and sale of edible products to ensure consumer and child safety;
(8) Health and safety requirements to ensure safe preparation and to prohibit unsafe pesticides;
(9) Inspection, tracking, and record-keeping requirements to ensure regulatory compliance and to prevent diversion;
(10) Restrictions on advertising and marketing;
(11) Requirements to ensure that all applicable statutory environmental, agricultural, and food and product safety requirements are followed;
(12) Requirements to prevent the sale and diversion of marijuana to persons under twenty-one years of age; and
(13) Civil penalties for the failure to comply with rules adopted pursuant to this article.
History
Proposed by initiated amendment (Constitutional Amendment A), approved Nov. 3, 2020, eff. Jul. 1, 2021.
Provenance
- Source
- sdlegislature.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
f28da030036dec9c176e0d6fd516425478f2132b2f42746159b2ee6d3f9edfd5
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