38-35-14. Testing samples--Exceeding concentration--Destruction or remediation of lot.The department compliance testing must be conducted by a laboratory approved by the Drug Enforcement Administration. The laboratory shall report the total delta-9 tetrahydrocannabinol concentration level and the measurement of uncertainty for each sample tested pursuant to this section. If a test reveals a total delta-9 tetrahydrocannabinol concentration of more than three-tenths of one percent but not more than one percent, the licensee may request a retest at the licensee's expense. If upon the retesting, the total delta-9 tetrahydrocannabinol concentration exceeds three-tenths of one percent, the entire lot from which the noncompliant sample was collected must either be destroyed or remediated and retested according to the United States Department of Agriculture guidelines. However, a sample that tests a result within a measurement of uncertainty that produces a range that includes a total delta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter. Source: SL 2020, ch 176, §14, eff. Mar. 27, 2020; SL 2021, ch 182, §7, eff. Mar. lta-9 tetrahydrocannabinol concentration of three-tenths of one percent is compliant for the purposes of this chapter. Source: SL 2020, ch 176, §14, eff. Mar. 27, 2020; SL 2021, ch 182, §7, eff. Mar. 25, 2021; SL 2022, ch 155, §13, eff. Mar. 18, 2022; SL 2024, ch 168, §6.
South Dakota Legal Code