The South Dakota Department of Agriculture (SDDA) has received final approval by the United States Department of Agriculture (USDA) for the South Dakota Industrial Hemp Plan.
South Dakota Industrial Hemp Program
Any person or legal business entity in South Dakota shall obtain a license from the department to purchase, receive, or obtain industrial hemp, other than industrial hemp product for planting, storing, propagating, or processing industrial hemp. Requirements for licensure and participation in the South Dakota Industrial Hemp plan can be found in the approved State Plan and the State Law and rules (ARSD 12:82) regarding industrial hemp.
The South Dakota Department of Agriculture (SDDA) is accepting applications starting December 27th, 2020 for 60 days ending February 24th, 2021. Every year thereafter the department shall accept grower applications annually during a 60 day time period from November 1st through December 30th. Applicants must submit a non-refundable $50 application fee along with a completed Industrial Hemp Growers License application. State and federal background checks will be conducted by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation for the applicant, key participants, and landowner. Once the background check is cleared and the application has been accepted.
Upon notification of approval of a grower license, the applicant must remit to the SDDA a $500 license fee. License will be mailed via US Mail after payment is received.
Grower license is valid for 15 months from the date of issue.
Any change to the information on an approved license must be submitted to SDDA within 10 business days using the Industrial Hemp Amendment Form.
Industrial Hemp Processors may submit an Industrial Hemp Processor Application at any time. Applicants must submit a non-refundable $50 application fee. State and federal background checks will be conducted by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation for the applicant and key participants, and Landowner.
Upon notification of approval of a processor license, the applicant must remit to the SDDA a $2000 license fee. License will be mailed via US Mail after payment is received.
Processor licenses expire on December 31 of the year the license is issued.
Any change to the information on an approved license must be submitted to SDDA within 20 business days using the Industrial Hemp Amendment Form.
Once the background check is cleared and the application has been accepted, the Department will issue a license and memorandum of understanding.
Annual processor inspection and records review fee of $500 per processor location.
To mail in your application fee of $50 please mail a check to:
South Dakota Department of Agriculture
Industrial Hemp Program
523 E. Capitol Ave,
Pierre, SD 57501
Planting Verification Inspection
Within 30 days of planting, each licensee shall file with the department documentation to identify the type and variety of each industrial hemp seed planted with the corresponding lot. Upon receipt of this documentation. A planting verification inspection will be scheduled. This inspection will verify the GPS coordinates of the growing sites and acreage planted. The licensee must be present at the inspection.
Grower Inspection Sample
Department of Public Safety shall conduct grower inspections and sampling of each lot not more than 15 days before the hemp is harvested. The licensee shall pay the department a grower inspection and sample fee of $250 per hemp lot inspected. No harvested lot of industrial hemp shall be comingled with another harvested lot of industrial hemp or other material. No industrial hemp may leave the dominion of control of the licensee until the licensee receives a laboratory result form the SDDA confirming that the lot complies with the law. The licensee must be present at the inspection.
Disposal is required for failed THC tests. Industrial Hemp lots must be disposed of under the direction of and documented by DPS. On-site disposal is also required for industrial hemp lots that have been destroyed due to pests, insects, weeds, disease, poor stand, or industrial hemp lots destroyed by natural disaster or weather events such and a flood, wind or hail. These lots must be chemically of mechanically destroyed and rendered non-retrievable, non-ingestible, and unfit to enter the stream of commerce using USDA approved disposal guidelines. The disposal verification inspection will verify that the lots are disposed of in a manner that renders the lot non-retrievable, non-ingestible, and unfit to enter the stream of commerce. The licensee must be present at the inspection.
Buying Industrial Hemp Seeds
Seed can be purchased and moved into South Dakota from any state; however, we urge caution in making purchases from a reputable source and that the variety is known to have delta-9 THC levels below 0.3%. Please contact the South Dakota State Seed Department for information on seed law. Plant Industries Page
Buying Industrial Hemp Clones
Clones or seedlings may be brought into the state. You must possess a South Dakota Grower License.
Selling Industrial Hemp Seeds
The Industrial Hemp program requires a seed permit for selling seeds Plant Industries Page.
Industrial Hemp Information
Hemp includes varieties of Cannabis sativa that are intended for agricultural and industrial purposes. Industrial hemp is commercially grown in virtually every industrialized country in the world, except the United States. The special varieties are grown for their seed and fiber content, as well as byproducts. Industrial hemp fiber is used for textiles, rope, paper and building products. Hemp seed is used for food, feed and oil. Hemp oil is also the basis for pharmaceuticals, cosmetics, inks, lubrication, household detergents, stain removers, varnishes, resins, and paints. Industrial hemp may even prove significant in the biofuel industry.