South Dakota § 38-35-11 - Promulgation of rules--Fees.
Full text of South Dakota South Dakota Codified Laws § 38-35-11 — Promulgation of rules--Fees., with citation guidance and answers to common questions.
§ 38-35-11. Promulgation of rules--Fees.
The department shall promulgate rules, pursuant to chapter 1-26, to:
(1) Establish application, application form, licensure, and renewal procedures;
(2) Establish requirements to prevent the spread of hemp and hemp seeds from licensed land areas and provide for the assessment of costs for the remediation thereof;
(3) Establish criteria and procedures for denial, revocation, or suspension of a license under this chapter;
(4) Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;
(5) Establish a nonrefundable annual license application fee not to exceed fifty dollars, a non-refundable annual grower license fee not to exceed five hundred dollars, a non-refundable annual research grower license fee not to exceed one hundred dollars, and a non-refundable annual processor license fee not to exceed two thousand dollars;
(6) Establish procedures for the collection of planting and harvest data for each lot;
(7) Establish rules for corrective action for negligent and culpable violations of this chapter;
(8) Establish transportation documentation requirements;
(9) Establish inspection procedures and requirements, a grower inspection fee per lot not to exceed two hundred fifty dollars, a research inspection fee per lot not to exceed two hundred fifty dollars, a remediation fee not to exceed one hundred dollars per hour, and a processor inspection fee per any processor location not to exceed five hundred dollars; and
(10) Establish sampling and testing procedures to determine if the hemp tested and sampled contains the lawful amount of total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent.
Source: SL 2020, ch 176, § 11, eff. Mar. 27, 2020; SL 2022, ch 155, § 11, eff. Mar. 18, 2022.
Effective January 1, 2027
38-35-11. Repealed.
Source: SL 2020, ch 176, § 11, eff. Mar. 27, 2020; SL 2022, ch 155, § 11, eff. Mar. 18, 2022; SL 2026, ch 167, § 15, eff. Jan. 1, 2027.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 38-35-11
What does South Dakota Codified Laws § 38-35-11 cover?
Section 38-35-11 ("Promulgation of rules--Fees.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 38-35-11?
A common citation format is "South Dakota Codified Laws § 38-35-11" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 38-35-11 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.