South Dakota § 38-35-17 - Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.
Full text of South Dakota South Dakota Codified Laws § 38-35-17 — Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor., with citation guidance and answers to common questions.
§ 38-35-17. Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.
If the transporter is not a grower licensee, that transporter shall have in the transporter's possession the following documentation:
(1) A copy of the license under which the industrial hemp was grown or produced;
(2) A laboratory report produced by a Drug Enforcement Administration-registered laboratory that confirms the lot of origin of all hemp being transported complies with 7 U.S.C. Chapter 38, Subchapter VII, as provided in 7 C.F.R 990.70(d) and 990.71(d) in effect as of March 22, 2021;
(3) A signed affirmation from the licensee and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and
(4) A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.
Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.
Source: SL 2020, ch 176, § 17, eff. Mar. 27, 2020; SL 2021, ch 182, § 8, eff. Mar. 25, 2021; SL 2022, ch 155, § 15, eff. Mar. 18, 2022.
Effective January 1, 2027
38-35-17. Transportation by person other than licensed hemp producer--Required documentation--Penalty.
If the transporter is not a licensed hemp producer, that transporter must have in the transporter's possession:
(1) A copy of the license under which the industrial hemp was grown or produced;
(2) A laboratory report produced by a Drug Enforcement Administration-registered laboratory confirming that the lot of origin of all hemp being transported complies with 7 U.S.C. §§ 1639o to 1639s, inclusive (January 1, 2026);
(3) A signed affirmation from the licensed hemp producer and the transporter that no illicit drugs or variations of hemp not explicitly authorized by 7 U.S.C. Chapter 38, Subchapter VII will be transported; and
(4) A bill of lading or manifest that includes the shipment contents, the specific name and address of the transporter, the specific name and address of the origin and lot of origin, the destination of the shipment, the total weight of the load, and the type of vehicle being used.
Failure to possess the appropriate documentation pursuant to this section is a Class 2 misdemeanor.
Source: SL 2020, ch 176, § 17, eff. Mar. 27, 2020; SL 2021, ch 182, § 8, eff. Mar. 25, 2021; SL 2022, ch 155, § 15, eff. Mar. 18, 2022; SL 2026, ch 167, § 2, eff. Jan. 1, 2027.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 38-35-17
What does South Dakota Codified Laws § 38-35-17 cover?
Section 38-35-17 ("Transportation by persons other than grower licensee--Required documentation--Violation as misdemeanor.") 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 § 38-35-17?
A common citation format is "South Dakota Codified Laws § 38-35-17" (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 § 38-35-17 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.