{"data":{"id":"us-sd/sdcl-38-35-1--2","jurisdiction":"us-sd","citation":"SDCL § 38-35-1","heading":"Definitions.","body":"Terms used in this chapter mean:\n(1) \"Hemp\" or \"industrial hemp,\" the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;\n(2) \"Industrial hemp product,\" a finished manufactured product, or consumer product made from industrial hemp with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp. This term does not include a product containing any of the following chemically derived cannabinoids:\n(a) Delta-8 tetrahydrocannabinol, also known as delta-8-THC;\n(b) Delta-10 tetrahydrocannabinol, also known as delta-10-THC;\n(c) Tetrahydrocannabinol acetate, also known as THC-O-acetate or THC-O;\n(d) Hexahydrocannabinol, also known as HHC; or\n(e) Tetrahydrocannabiphoral, also known as THCP;\n(3) \"Licensed hemp producer,\" a person licensed by the United States Department of Agriculture or a tribal program to produce hemp, as provided in 7 C.F.R. §§ 990.20 to 990.32, inclusive (January 1, 2026), and any authorized employee or agent of the person;\n(4) \"Process,\" to render raw industrial hemp plants or plant parts from their natural or original state to an initial processed form;\n(5) \"Processor,\" an entity that converts raw hemp into an initial processed form;\n(6) \"Produce,\" to grow, germinate, dry, sort, grade, bale, grind, mill, pelletize, and harvest hemp plants in the field or in a greenhouse;\n(7) \"Product in process,\" the industrial hemp being processed at no higher than one percent total delta-9 tetrahydrocannabinol by a hemp processor or the transfer of that product between one or more licensed hemp processors during the processing of state or federally approved, lab-tested biomass from a licensed grower into a finished industrial hemp product;\n(8) \"Total delta-9 tetrahydrocannabinol,\" the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis; and\n(9) \"Transporter,\" any person transporting, hauling, or delivering immature or mature hemp or product in process, but not industrial hemp product or sterilized seeds that are incapable of beginning germination.","path":["TITLE 38. AGRICULTURE AND HORTICULTURE","CHAPTER 38-35. INDUSTRIAL HEMP"],"source_url":"https://sdlegislature.gov/Statutes/38-35-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"ceca956dc6a16bd9f1be7a65fd4e3b34af80202b95840231cf3a25ddfc908bbf","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-38-35-1","next":"us-sd/sdcl-38-35-2"},"notice":"GroundRules: Original legal text. Not legal advice."}