38-35-7. License issuance--Denial, revocation, or suspension--Contested case.If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.A grower or research license issued under this chapter is valid for fifteen months from the date of issuance. A processor license issued under this chapter is valid for up to three years from the date of issuance.The department may deny, revoke, or suspend a license of any person who:(1)Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;(2)Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;(3)Provides false or misleading information in connection with any application required by this chapter;(4)Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;(5)Has been charged with or convicted of a misdemeanor or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years;(5)Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check; or(6)Requests the secretary to revoke or suspend the license.Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26. Source: SL 2020, ch 176, §7, eff. Mar. 27, 2020; SL 2021, ch 182, §4, eff. Mar. 25, 2021; SL 2022, ch 155, §7, eff. Mar. 18, 2022; SL 2024, ch 168, §4.
South Dakota Legal Code