reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:15 - Department review of competitive applications - Scoring criteria

Current through Register Vol. 51, page 10, July 15, 2024
In a case in which more medical cannabis establishments apply
				  than are allowed by a local government, the department shall numerically score
				  competitive applications according to the following criteria:
(1) The local government, in response to the
				department's inquiry, has endorsed the application as beneficial to the
				community (1 points);
(2) The local
				government has not informed the department that the location specified in the
				application is unsuitable for the proposed use due to zoning regulations or
				inaccessibility to the public (1 point);
(3) All principal officers and board members
				have certified that they have not, in the previous ten years, in any United
				States jurisdiction:
(a) Been convicted of a
				criminal offense involving fraud or false statements to a unit of government (1
				point); or
(b) Served as a
				principal officer or board member of any business that has had a license or
				permit suspended or revoked for violations of laws or regulations relating to
				cannabis, alcohol, tobacco, or gaming (1 point);
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:17 - Fees for registration certificates - Application and renewal

Current through Register Vol. 51, page 10, July 15, 2024
The department shall charge and collect a non-refundable fee
				  for an initial or renewal application for an establishment registration
				  certificate of five thousand three hundred and ten dollars. The fees imposed
				  under this section shall increase annually based on the index
				  factor.
General Authority:
SDCL
					 34-20G-72.
Law Implemented:
SDCL
					 34-20G-55,
					 34-20G-72.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:01 - Change in management - Duty to report

Current through Register Vol. 51, page 10, July 15, 2024
An establishment shall remain under the direction of the
				  individuals identified in its management plan pursuant to §
									44:90:03:05(1).
				  An establishment shall provide the department an updated management plan within
				  seven days after any change in management personnel occurs.
General Authority:
SDCL
					 34-20G-72(5)(a).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:02 - Corrective and preventive action - Written procedures

Current through Register Vol. 51, page 10, July 15, 2024
An establishment shall maintain and follow written procedures
				  for implementing corrective action and preventive action, including:
(1) Analysis of processes, work operations,
				reports, records, service records, complaints, returned product, and other
				sources of data to identify existing and potential root causes of
				nonconformance or other quality problems;
(2) Identifying any actions needed to correct
				and prevent recurrence of nonconformance and other quality problems;
(3) Verifying the corrective action or
				preventive action to ensure that such action is effective and does not
				adversely affect finished products or processes;
(4) Implementing and recording changes in
				methods and procedures needed to correct and prevent identified quality
				problems;
(5) Ensuring the
				information related to quality problems or nonconformance is disseminated to
				those directly responsible for assuring the quality of products or the
				prevention of such problems;
(6)
				Submitting relevant information on identified quality problems and corrective
				action and preventive action documentation and confirming the result of the
				evaluation for management review; and
(7) Ensuring that cannabis or cannabis
				products that are nonusable or otherwise do not meet safety standards
				established by this article are quickly identified and destroyed or remediated
				to prevent harm to patients.
General Authority:
SDCL
					 34-20G-72(5)(a).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-71,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:03 - Duty to report criminal activity to department and law enforcement

Current through Register Vol. 51, page 10, July 15, 2024
In addition to notice required by SDCL
				  34-20G-50, an establishment shall
				  provide notice to the department and local law enforcement agency within one
				  business day upon its discovery of any unauthorized entry or theft of cannabis,
				  cannabis plants, or cannabis product or any plan or other action of any person
				  to:
(1) Steal cannabis plants,
				cannabis, cannabis products, cannabis paraphernalia, equipment, or money that
				is the property of the establishment;
(2) Sell or otherwise provide cannabis
				plants, cannabis, cannabis products, or cannabis paraphernalia that is the
				property of the establishment to unauthorized persons;
(3) Purchase or otherwise obtain cannabis
				plants, cannabis, cannabis products, or cannabis paraphernalia from
				unauthorized persons;
(4) Falsify
				inventory records or transport manifests; or
(5) Commit any other crime relating to the
				operation of the establishment.
General Authority:
SDCL
					 34-20G-72(5)(a).
Law Implemented:
SDCL
					 34-20G-50,
					 34-20G-63,
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:04 - Co-location of medical cannabis establishments

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall have separate means of
				  ingress and egress from any other medical cannabis establishment, except that
				  multiple medical cannabis establishments with common ownership may be
				  co-located if:
(1) The establishments
				have lockable, alarmed doors separating activities performed under different
				licenses;
(2) The door separating a
				dispensary from cultivation or product manufacturing activities remains locked
				when cardholders are present, and signs clearly state that entry is limited to
				employees and other authorized persons;
(3) The unit of local government allows the
				types of medical cannabis establishments requesting co-locations; and
(4) None of the following occurs:
(a) A testing facility located in the same
				structure as any other cannabis establishment;
(b) Extraction using ethanol, inherently
				hazardous substances, or compressed gas in the same structure in which a
				cannabis dispensary is located; or
(c) Pesticides applied in the same structure
				in which a dispensary is located.
This section shall not be interpreted to prohibit shared
				  access from a parking lot, walkway, concourse, or other area generally open to
				  the public as part of a shopping center or business park, if allowed by the
				  unit of local government.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:05 - Lighting

Current through Register Vol. 51, page 10, July 15, 2024
Any gate or perimeter entry point of a medical cannabis
				  establishment must have lighting sufficient for observers to see and cameras to
				  record, any activity within ten feet of the gate or entry. A motion detection
				  lighting system may be employed to light required areas in low-light
				  conditions.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:06 - Doors and windows

Current through Register Vol. 51, page 10, July 15, 2024
Commercial grade locks intended for facilities requiring high
				  levels of physical security, are required on all perimeter entry doors. All
				  windows must be in good condition and lockable.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:07 - Placement of security cameras

Current through Register Vol. 51, page 10, July 15, 2024
All medical cannabis establishments shall permanently fix
				  security cameras:
(1) At each exterior
				door and gate to allow identification of persons entering or exiting the
				premises;
(2) At each door
				separating non-public areas of a dispensary from areas in which sales to
				patients and designated caregivers are made, to allow identification of persons
				entering or exiting non-public areas; and
(3) In sufficient number to allow the
				viewing, in its entirety, of any area where cannabis, cannabis plants, cannabis
				products, or cannabis waste are cultivated, manufactured, stored, destroyed, or
				prepared for transfer, sale, or testing.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:08 - Recording by security cameras - Access by department

Current through Register Vol. 51, page 10, July 15, 2024
The video surveillance system must meet the following minimum
				  requirements:
(1) Minimum resolution
				of 720 pixels;
(2) Internet
				protocol (IP) compatibility supporting live viewing by the department over a
				secure internet connection;
(3)
				Minimum of 15 frames per second;
(4) Clear and accurate display of time and
				date;
(5) Cameras set to record 24
				hours a day at all establishments, except cameras placed at exterior doors used
				by patients to enter or exit the dispensary that must be set to record only
				outside of the dispensary's operating hours to ensure patient privacy;
				and
(6) A backup power source
				allowing for recording and transmitting video for a minimum of two hours during
				a power failure.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:09 - Storage of camera footage

Current through Register Vol. 51, page 10, July 15, 2024
An establishment shall maintain surveillance recordings for a
				  minimum of 90 days, either:
(1) On a
				surveillance system storage device secured on the premises in a lockbox,
				cabinet, or closet and alarmed with motion and seismic sensors to protect from
				employee tampering or criminal theft; or
(2) Stored on a secure third-party server.
All video recordings are subject to inspection by any
				  department employee or law enforcement officer and must be copied and provided
				  to the department or law enforcement officer upon request.
An establishment shall maintain a list of all persons with
				  access to video surveillance recordings and maintain written procedures for
				  controlling access to recordings.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:10 - Alarm system

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall maintain an alarm
				  system:
(1) With monitored sensors on
				all exterior doors, windows, and gates;
(2) Monitored by a security company capable
				of contacting the establishment and, if necessary, law enforcement;
(3) That has an audible alarm capable of
				being disabled remotely by the security company; and
(4) That alerts the security company during a
				power failure and operates for a minimum of four hours on backup
				power.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:11 - Agent identification badges to be provided by establishments

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall provide an agent
				  identification badge to each agent. The establishment shall include on the
				  badge:
(1) The agent's photograph that
				meets die requirements of §
									44:90:02:04(3),
				except that the photo may be as small as 7/8 inch by 1 and 5/32 inches:
				and
(2) In a plain black font not
				less than 16 point:
(a) The first and last
				name of the agent; and
(b) The name
				of the establishments.
Each agent shall display this badge whenever on the premises
				  of the establishment or transporting cannabis, or cannabis
				  products.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:12 - Agent identification badges to be displayed

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall provide an agent
				  identification badge to each agent, who shall display this badge whenever on
				  the premises of the establishment or transporting cannabis or cannabis
				  products.
General Authority:
SDCL
					 34-20G-72(5).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:13 - Controlled access - Verification of identity

Current through Register Vol. 51, page 10, July 15, 2024
No medical cannabis establishment may share premises with or
				  permit access directly from any residence or business unless permitted by
				  §
									44:90:04:04. This section shall
				  not be interpreted to prohibit access from a shared parking lot, walkway,
				  concourse, or other area generally open to the public as part of a shopping
				  center or business park.
A medical cannabis establishment shall verify the age and
				  identity of anyone entering the premises by requiring the person to present a
				  valid photographic identification document issued by this state, another state,
				  tribe, or the federal government. Unless permitted by SDCL
				  34-20G-65 or §
									44:90:08:01, no person may enter
				  the premises other than agents of the establishment, contractors 18 years of
				  age or older hired by the establishment, employees or agents of the department,
				  law enforcement officers, or employees or agents of other local or state
				  agencies with regulatory authority, including fire marshals, electrical
				  inspectors, pesticide control staff, and environmental inspectors, for the
				  purpose of exercising such regulatory authority.
General Authority:
SDCL
					 34-20G-72(5)(g).
Law Implemented:
SDCL
					 34-20G-65,
					 34-20G-69,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:14 - Visitor badges to be worn by contractors performing work at a medical cannabis establishment

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall issue a visitor badge
				  to any temporary contractor of the establishment whose scope of work will not
				  involve the handling of cannabis, cannabis plants or cannabis products,
				  including a carpenter, electrician, plumber, engineer, or alarm technician.
				  Such contractors shall work under the direct supervision of a medical cannabis
				  establishment agent whenever working in an area in which cannabis, cannabis
				  plants or cannabis products are present.
General Authority:
SDCL
					 34-20G-72(5)(g).
Law Implemented:
SDCL
					 34-20G-65,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:15 - Operation of agricultural, industrial, or other heavy equipment - Training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Establishment agents shall:
(1) Receive thorough training in the safe
				operation of any heavy agricultural equipment, industrial equipment such as
				extraction and packaging equipment, and other heavy equipment such as
				forklifts, before operating that equipment; and
(2) Complete OSHA-approved certification
				courses prior to using any equipment.
General Authority:
SDCL
					 34-20G-72(5)(g).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:16 - Record-keeping - Use of inventory tracking system - Training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Prior to performing duties onsite or transporting cannabis,
				  an establishment agent shall receive at minimum two hours of training in
				  record-keeping. The agent's training must be documented in the establishment's
				  records.
Any establishment agent who will enter data into the
				  inventory tracking system required by the department shall additionally receive
				  at minimum two hours of hands-on training. At least one establishment agent for
				  each establishment shall receive at minimum four hours of training to act as an
				  administrator of the inventory tracking system.
General Authority:
SDCL
					 34-20G-72(5)(g)(j).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:17 - Security protocols - Training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each establishment agent shall receive training in all
				  aspects of the establishment's security protocol. The training must focus on
				  the agent's role in deterring and preventing theft and preventing unauthorized
				  access to the premises.
General Authority:
SDCL
					 34-20G-72(5)(g).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:18 - Vehicle requirements - Establishments

Current through Register Vol. 51, page 10, July 15, 2024
Establishments shall provide the following information to the
				  department for each vehicle that will be used to transport cannabis or cannabis
				  products, including samples for testing:
(1) Make, model, and license plate
				number;
(2) Proof of a valid
				automobile insurance policy;
(3) A
				description or photos of a secure, opaque, locking compartment to be used to
				secure cannabis and cannabis products;
(4) Verification that the vehicle has a
				functioning alarm system; and
(5)
				Verification, with photographs as necessary, that the vehicle cannot be
				identified as transporting cannabis or cannabis products.
General Authority:
SDCL
					 34-20G-72(5)(f).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:19 - Transport manifests - Form and content

Current through Register Vol. 51, page 10, July 15, 2024
A transport manifest is required for all authorized transfers
				  of any amount of cannabis or cannabis products, except retail sales at a
				  dispensary. The transport manifest must contain:
(1) The name, address, phone number, and
				license number of the establishment transporting the cannabis or cannabis
				products;
(2) The name, address,
				phone number, and license number of the establishment receiving the
				items;
(3) The phone number and web
				address of the department's secure verification system;
(4) Description and quantities, either by
				weight or unit, of all items, including samples, contained in each
				transport;
(5) Date of transport
				and approximate time of departure and arrival;
(6) Vehicle make, model and license plate
				number;
(7) The name and signature
				of driver and any other agent accompanying the transport; and
(8) The name and signature of the person
				accepting the transport, upon delivery.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-63.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:20 - Separate transport manifest required

Current through Register Vol. 51, page 10, July 15, 2024
A separate transport manifest shall be prepared for each
				  medical cannabis establishment that will receive cannabis or cannabis products.
				  The vehicle must carry three copies of each transport manifest:
(1) One for the recipient;
(2) One to be returned to the originating
				establishment for the purposes of record keeping; and
(3) One to be provided at the request of law
				enforcement or an agent of the department, if the vehicle is involved in a
				traffic stop or collision.
Any cannabis or cannabis products, including samples, that
				  are refused by the intended recipient must be noted on the transport manifest
				  and noted in the originating establishment's inventory records after the items
				  are returned.
A transport manifest may not be altered from the originating
				  establishment except as provided for in this section.
The transport manifest does not take the place of a
				  chain-of-custody form that may be required of the
				  establishment.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:21 - Storage during transport

Current through Register Vol. 51, page 10, July 15, 2024
44:90:04:21. Storage during transport. All cannabis or
				  cannabis products being transported must be contained within an enclosed,
				  locked area in the transport vehicle and out of public view. Samples of
				  cannabis and cannabis products for testing must be transported in appropriately
				  labeled sample collection containers with tamper-evident seals affixed that
				  provide clear, lasting evidence that the package has previously been opened.
				  All cannabis or cannabis products being transported to another establishment,
				  other than samples for testing, must be transported within sealed containers
				  identifying the recipient.
A cannabis product manufacturing facility or dispensary
				  transporting any edible product requiring refrigeration to another
				  establishment shall provide refrigerated transport. An establishment shall use
				  temperature-controlled transport vehicles when necessary to prevent spoilage of
				  the transported cannabis or cannabis products.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:22 - Conduct during transport

Current through Register Vol. 51, page 10, July 15, 2024
Only agents of the establishment who are listed on each
				  transport manifest may be in the vehicle. Each agent shall wear an agent
				  identification badge while in the vehicle. Any vehicle transporting cannabis or
				  cannabis products shall travel directly to the destinations listed on transport
				  manifest, making stops only:
(1) For
				meals, when the transport lasts more than three hours round trip;
(2) For rest periods required by
				law;
(3) To refuel; or
(4) Under exigent circumstances, including
				collisions, traffic stops, mechanical breakdowns, weather emergencies, or
				medical emergencies.
An agent may not remove the cannabis or cannabis products
				  from the vehicle until arrival at the destination listed on the transport
				  manifest, except under exigent circumstances in consultation with the
				  department pursuant to §
										44:90:04:23.
An establishment agent shall make a vehicle used for the
				  transport of cannabis or cannabis products immediately available for inspection
				  upon request of the department.
Upon law enforcement contact, agents shall provide their
				  agent identification badges and all transport manifests.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:23 - Transport incident notification

Current through Register Vol. 51, page 10, July 15, 2024
Any traffic stop, breakdown, collision, or unscheduled stop
				  lasting more than two hours involving a vehicle being used by an establishment
				  to transport cannabis or cannabis products, must be reported to the department
				  within one business day. Any theft or break-in involving a vehicle being used
				  by an establishment to transport cannabis or cannabis products must be reported
				  to local law enforcement and to the department within one business day.
If exigent circumstances require removal of cannabis from the
				  vehicle prior to arrival at the destination listed on the transport manifest,
				  the establishment agents shall make a good faith effort to contact the
				  department for direction. If unable to contact the department, the
				  establishment agents shall make a good faith effort to protect the shipment
				  from diversion.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:24 - Health and safety standards for storage

Current through Register Vol. 51, page 10, July 15, 2024
A medical cannabis establishment shall store cannabis and
				  cannabis products, unless on display for sale:
(1) In secure, sealed containers that protect
				against damage from light, water, insects, or rodents; and
(2) Under environmental conditions, including
				refrigeration of any perishable edible product, that will protect against
				physical, chemical, or microbial contamination and damage from temperature or
				humidity.
General Authority:
SDCL
					 34-20G-72(5)(f)(j).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:04 - Establishments › Section 44:90:04:25 - Scales

Current through Register Vol. 51, page 10, July 15, 2024
All scales used at any point during the process of
				  cultivating, manufacturing, testing, or dispensing of cannabis or cannabis
				  products must be certified in accordance with SDCL chapter
				  37-20.
General Authority:
SDCL
					 34-20G-72(4)(j)(k).
Law Implemented:
SDCL
					 34-20G-70(3),
					 34-20G-71.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:01 - Cultivation activities - Compliance with operating procedures

Current through Register Vol. 51, page 10, July 15, 2024
A cultivation facility shall have a principal officer or
				  other manager onsite whenever establishment agents are present. The principal
				  officer or other manager shall ensure that all activities comply with the
				  establishment's operating procedures for:
(1) Propagating and cultivating cannabis
				plants;
(2) Trimming, drying,
				curing, and storing cannabis;
(3)
				Packaging cannabis, including testing samples;
(4) Transporting cannabis to another
				establishment, including testing samples; and
(5) Maintaining all required
				records.
General Authority:
SDCL
					 34-20G-72(5)(e).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:02 - Packaging and labeling cannabis for retail sale

Current through Register Vol. 51, page 10, July 15, 2024
A cultivation facility may package and label for retail sale
				  in packages of three ounces or less:
(1) Cannabis flower and trim; and
(2) Pre-rolled cannabis cigarettes,
				containing only cannabis flower or trim, an unflavored paper wrapper, and, if
				desired, an unflavored filter.
General Authority:
SDCL
					 34-20G-72(5)(e).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:03 - Cultivation equipment - Safety

Current through Register Vol. 51, page 10, July 15, 2024
All electrical equipment in a cultivation facility must be
				  listed by a nationally recognized testing laboratory.
General Authority:
SDCL
					 34-20G-72(5)(e).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:04 - Cultivation area

Current through Register Vol. 51, page 10, July 15, 2024
Any cultivation of seedlings, immature plants, or mature
				  plants shall take place in:
(1) An
				indoor facility meeting all security requirements of this article;
(2) One or more greenhouses meeting all
				security requirements of §§
									44:90:04:05 through
				44:90:04:10, inclusive;
				or
(3) Within a secured, fenced-in
				area meeting the requirements of §§
									44:90:04:05 through
				44:90:05:10, inclusive.
General Authority:
SDCL
					 34-20G-72(5)(e).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-65,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:05 - Hours of operation - Exigent circumstances

Current through Register Vol. 51, page 10, July 15, 2024
Agents of a cultivation facility may not, outside of the
				  hours of operation stated in the facility's approved operating procedures,
				  plant, feed, water, treat, move, harvest, dry, cure, package, or destroy
				  cannabis, except:
(1) Under exigent
				circumstances in which prompt action is necessary to protect inventory from
				destruction; and
(2) With notice to
				the department within one business day regarding the character of the exigent
				circumstances, the activities conducted, and the date and time of the
				activities.
General Authority:
SDCL
					 34-20G-72(5)(e).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:06 - Fences and gates

Current through Register Vol. 51, page 10, July 15, 2024
Any cultivation facility cultivating, processing, or storing
				  cannabis outdoors or in greenhouses or other structures that do not meet all
				  security requirements for buildings must secure such cultivation areas with
				  fencing and gates that:
(1) Are secure
				and undamaged;
(2) Are at least six
				feet high; and
(3) Obscure, or have
				a cover that obscures, regulated activities from being readily viewed from
				outside of the fenced-in area.
General Authority:
SDCL
					 34-20G-72(5)(c).
Law Implemented:
SDCL
					 34-20G-64,
					 34-20G-65,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:07 - Safe application of pesticides and other chemicals used in cultivation - Training requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any establishment agent who applies a department-approved
				  pesticide shall hold a current pesticide applicator certification issued by the
				  South Dakota Department of Agriculture and Natural Resources pursuant to
				  chapter 12:56:05. Any establishment agent who applies or uses other
				  agricultural chemicals shall have training in their safe use, including
				  mitigating any risks to humans, animals, or waterways.
General Authority:
SDCL
					 34-20G-72(5)(d).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:08 - Application of pesticides

Current through Register Vol. 51, page 10, July 15, 2024
The use of a pesticide in the cultivation of cannabis is
				  prohibited unless it:
(1) Is listed in
				the cultivation facility's operating procedures filed with the department;
				and
(2) Contains only those active
				ingredients approved by the department pursuant to §
									44:90:05:09.
An approved pesticide may be applied only by an establishment
				  agent with a current pesticide applicator license and only in a manner
				  consistent with the product label.
General Authority:
SDCL
					 34-20G-72(5)(d).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:09 - List of approved active ingredients in pesticides

Current through Register Vol. 51, page 10, July 15, 2024
The department approves the following substances as active
				  ingredients in pesticides when used in a manner consistent with the product
				  label:
(1) Synthetic chemical agents:
(a) Auxin;
(b) Azadirachtin;
(c) Capric acid;
(d) Caprylic acid;
(e) Citric acid;
(f) Copper octoanoate;
(g) Cytokinins;
(h) Diatomaceous earth;
(i) Gibberellic acid;
(j) Horticultural oils;
(k) Hydrogen peroxide;
(l) Indole-3-butyric acid;
(m) Insecticidal soaps;
(n) Iron phosphate;
(o) Methoprene;
(p) Peroxyacetic acid;
(q) Petroleum oils;
(r) Phosphorous acid, including salts
				thereof;
(s) Potassium
				bicarbonate;
(t) Potassium
				silicate;
(u) Potassium
				sorbate;
(v) Sodium
				bicarbonate;
(w) Sodium ferric
				EDTA;
(x) Sodium laurel sulfate;
				and
(y) Sulfur.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:05 - Cannabis cultivation facilities › Section 44:90:05:10 - Safety of cannabis - Use or presence of prohibited pesticides - Contaminants

Current through Register Vol. 51, page 10, July 15, 2024
The use or presence at a medical cannabis establishment of
				  any pesticide with an active ingredient not on the approved list is a violation
				  of this article and SDCL chapter 34-20 G, and any cannabis to which the
				  pesticide was applied is nonusable.
The knowing use or presence at a medical cannabis
				  establishment of any pesticide containing, as an active ingredient, a synthetic
				  chemical agent not on the approved list is a serious and knowing violation of
				  this article and SDCL chapter 34-20 G, and any cannabis to which the pesticide
				  was applied is nonusable.
The knowing use or presence at a medical cannabis
				  establishment of any pesticide listing a nonsynthetic substance prohibited in
				  organic crop production under 7 C.F.R. §
										205.602 (December
				  27, 2018) is a serious and knowing violation of this article and SDCL chapter
				  34-20 G, and any cannabis to which the pesticide was applied is
				  nonusable.
Cannabis is nonusable if it contains a level of any of the
				  following contaminants at or in excess of the action level:
(1) Residual pesticides unless approved by
				the department:
Analyte
Action Level ug/g (ppm)
Abamectin
0.5
Azoxystrobin
0.2
Bifenazate
0.2
Etoxazole
0.2
Imazalil
0.2
Imidacloprid
0.4
Malathion
0.2
Myclobutanil
0.2
Permethrins
0.2
Spinosad
0.2
Spiromesifen
0.2
Spirotetramat
0.2
Tebuconazole
0.4
Any other prohibited synthetic pesticide
0.5
(2)
				Mycotoxin:
Mycotoxin
Action Level ug/kg (parts per
							 billion)
Aflatoxins (B1, B2, G1, G2)
20
Ochratoxin A
20
(3)
				Microbials:
Microbials
Action Level cfu/g
Total Aerobic Bacteria
105
E. coli (Shiga toxin-producing E. coli - STEC)
<1
Salmonella
<1
Aspergillus fungi (fumigatus, flavus, terreus, and
							 niger)
<1
Total Yeast and Mold
104
Bile-tolerant Gram Negative Bacteria
103
(4)
				Heavy metals:
Metals
Action Level ug/g (parts per
							 million)
Arsenic
0.2
Cadmium
0.2
Lead
0.5
Mercury
0.1
General Authority:
SDCL
					 34-20G-72(5)(d)(e).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:01 - Required accreditation and registration - Drug Enforcement Agency

Current through Register Vol. 51, page 10, July 15, 2024
Upon successful licensure and prior to accepting cannabis or
				  cannabis products for testing, all cannabis testing facilities shall:
(1) Begin working with an accreditation body
				of licensing to ensure compliance with applicable rules and ensure progress
				towards achieving ISO/IEC 17025 accreditation, with a scope of accreditation
				that includes all analytical tests performed by the facility; and
(2) Successfully complete accreditation
				within thirty-two months of licensing.
Failure to successfully complete accreditation will result in
				  licensure being revoked.
A cannabis testing facility shall register with the Drug
				  Enforcement Agency pursuant to 21 C.F.R. part 1301.13 (June 28,
				  2021).
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-72(5).
International Organization for Standardization
					 International Electrotechnical Commission. (2018). ISO/IEC 17025:2017: General
					 Requirements for the Competence of Testing and Calibration Laboratories.
https://www.iso.org/standard/66912.html
.
					 Cost: $138.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:02 - Adherence to standard operating procedures - Quality control and quality assurance

Current through Register Vol. 51, page 10, July 15, 2024
A cannabis testing facility shall adhere to:
(1) Written procedures for all preanalytical,
				analytical, and post-analytical processes;
(2) Quality control and quality assurance
				manual;
(3) Completion of
				validation studies of all analytical tests to be performed;
(4) Proficiency testing at an interval
				determined by the accrediting body;
(5) Achieving passing scores on each
				proficiency test or completion of corrective action, as defined by the
				accrediting body; and
(6) A program
				to assess and document, at least annually, the competency of all technical and
				scientific staff that perform preanalytical, analytical, and postanalytical
				processes.
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:03 - Sample collection

Current through Register Vol. 51, page 10, July 15, 2024
Each cannabis testing facility shall adopt standard
				  operating procedures for the collection of samples for testing that must
				  address:
(1) Standards for the
				assignment of batch identifiers and sample identifiers;
(2) Minimum quantity of cannabis and cannabis
				products needed for each analytical test;
(3) Methodology for collecting material that
				is representative of the entire batch being tested;
(4) Cleaning, sanitizing, and other methods
				for preventing sample contamination;
(5) Containers to be used for sample
				collection, including methods for sealing; and
(6) Prevention of damage or degradation
				during storage and transport.
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:04 - Field audits

Current through Register Vol. 51, page 10, July 15, 2024
Field audits must be conducted at least quarterly by the
				  cannabis testing facility's quality assurance staff to verify that samples are
				  being collected in accordance with the cannabis testing facility's standard
				  operating procedures as follows:
(1)
				Reviewing sampling records from the previous quarter and previous year for
				signs of irregularities;
(2)
				Observing the collection of samples by each person authorized to collect
				samples;
(3) Collecting
				verification samples for comparison of results to samples collected by each
				person authorized to collect samples;
(4) Recording any deficiencies
				identified;
(5) Informing any
				affected cannabis cultivation facility or cannabis product manufacturing
				facility that past results may have been affected by any deficiencies
				uncovered; and
(6) Instituting
				corrective action.
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:05 - Chain of custody protocols

Current through Register Vol. 51, page 10, July 15, 2024
The chain of custody protocols developed by a cannabis
				  testing facility must be approved by the department and must address:
(1) Recording the possession of samples from
				the time of sampling through destruction;
(2) Retaining for not less than 90 days any
				residual samples in the container in which the sample was submitted;
(3) Handling procedures during collection,
				transport, and testing to avoid loss, damage, diversion, contamination, or
				misidentification of samples; and
(4) The use of a chain of custody form that
				documents the collection, transport, receipt, testing, and destruction of
				samples.
General Authority:
SDCL
					 34-20G-72(5)(k)(l).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:06 - Chain of custody - Form

Current through Register Vol. 51, page 10, July 15, 2024
The chain of custody form must include:
(1) The sample location;
(2) The number and types of
				containers;
(3) The mode of
				collection;
(4) The authorized
				individual who collected the sample;
(5) The date and time of collection;
				and
(6) The requested
				analyses.
General Authority:
SDCL
					 34-20G-72(5)(k)(l).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:07 - Reporting of test results

Current through Register Vol. 51, page 10, July 15, 2024
The results of any analytical test of cannabis or cannabis
				  products shall be provided to the cannabis cultivation facility or cannabis
				  product manufacturing facility in the form of a certificate of analysis.
The cannabis testing facility shall update, each day by
				  midnight, the inventory tracking system with:
(1) All samples collected; and
(2) The results of all voluntary and
				mandatory tests performed, including as applicable a quantitative value and
				whether the sample has passed or failed the test.
General Authority:
SDCL
					 34-20G-72(5)(d)(e)(h)(k)(l).
Law Implemented:
SDCL
					 34-20G-63,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:08 - Analytical testing result verification

Current through Register Vol. 51, page 10, July 15, 2024
Prior to January 1, 2024, all medical cannabis and cannabis
				  products tested by cannabis testing facilities are subject to routine
				  confirmation testing by the department or department designee. The department
				  shall conduct confirmation testing at regular intervals as needed to ensure
				  consistent, reliable test results. Upon request, the cannabis testing facility
				  must submit residual material from samples with complete testing results to the
				  department or department designee. The department or department designee shall
				  perform testing using an acceptable method to verify initial results.
On or after January 1, 2024, the department may reduce the
				  frequency of routine confirmation testing for analytical tests within the scope
				  of accreditation for an ISO/IEC 17025 accredited cannabis testing facility, if
				  the cannabis testing facility:
(1)
				Participates in a proficiency testing program as defined by the ISO/IEC17025
				accrediting body;
(2) Performs
				proficiency testing at an interval defined by the accrediting body;
				and
(3) Achieves a passing score on
				each proficiency test, or completes corrective action, as defined by the
				accrediting body.
The department may require all cannabis testing facilities to
				  participate in confirmation testing to ensure the integrity of testing and
				  consistency among cannabis testing facilities.
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-69,
					 34-20G-72(5).
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:06 - Cannabis testing facilities › Section 44:90:06:09 - Results of confirmation testing

Current through Register Vol. 51, page 10, July 15, 2024
Results of confirmation testing conducted pursuant to §
									44:90:06:08 must be made available
				  to the originating cannabis testing facility. If initial testing results are
				  found to be conforming, no additional action will be taken. If discordant
				  results are encountered, the sample must be subjected to a third and final
				  round of testing. If a third round of testing reveals discordant results, the
				  cannabis testing facility must stop all testing of cannabis and cannabis
				  products pending completion of a corrective action plan approved by the
				  department.
General Authority:
SDCL
					 34-20G-72(5)(k).
Law Implemented:
SDCL
					 34-20G-69,
					 34-20G-72(5).