The 2018 Farm Bill authorized hemp cultivation and distribution at the federal level, as many who carefully monitor hemp legislation are aware.

What about South Dakota, then?

House Bill 1191, which was approved by the South Dakota Senate, made it lawful for the state to sell goods produced from hemp, including CBD, Delta-9, and other well-known cannabinoids. Now let's explore what to anticipate from South Dakota's hemp legislation.

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HB 1191 - 3/6/2019

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FOR AN ACT ENTITLED, An Act to legalize the growth, production, and processing of industrial hemp and derivative products in the state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That subdivision (7) of § 22-42-1 be amended to read:

(7) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such the plant;

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Section 2. That subdivision (12) of § 34-20B-1 be amended to read:

(12) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include industrial hemp as defined in section 3 of this Act, fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant, or cannabidiol, a drug product approved by the United States Food and Drug Administration;

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Section 3. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act, industrial hemp or hemp, is 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 delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

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SOUTH DAKOTA DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES REVISED INDUSTRIAL HEMP PLAN

(1) “Acceptable hemp THC level,” The acceptable hemp THC level for the purpose of compliance with the requirements of the State hemp plan is when the application of the measurement of uncertainty to the reported total delta-9 tetrahydrocannabinol content concentration level on a dry weight basis produces a distribution or range that includes 0.3% or less.

(6) "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;

(8) "Industrial hemp product," A finished manufactured product, or consumer product containing cannabidiol that is packaged for individual sale, with a total delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent, derived from or made by processing industrial hemp).