44:90:05:10. Safety of cannabis -- Use or presence of prohibited pesticides -- Contaminants. The use or presence at a medical cannabis establishment of any pesticide with an active ingredient not on the approved list is a violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
The knowing use or presence at a medical cannabis establishment of any pesticide containing, as an active ingredient, a synthetic chemical agent not on the approved list is a serious and knowing violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
The knowing use or presence at a medical cannabis establishment of any pesticide listing a nonsynthetic substance prohibited in organic crop production under 7 C.F.R. § 205.602 (December 27, 2018) is a serious and knowing violation of this article and SDCL chapter 34-20G, and any cannabis to which the pesticide was applied is nonusable.
Cannabis is nonusable if it contains a level of any of the following contaminants at or in excess of the action level:
(1) Residual pesticides unless approved by the department:
Analyte | Action Level ug/g (ppm) |
Abamectin | 0.5 |
Azoxystrobin | 0.2 |
Bifenazate | 0.2 |
Etoxazole | 0.2 |
Imazalil | 0.2 |
Imidacloprid | 0.4 |
Malathion | 0.2 |
Myclobutanil | 0.2 |
Permethrins | 0.2 |
Spinosad | 0.2 |
Spiromesifen | 0.2 |
Spirotetramat | 0.2 |
Tebuconazole | 0.4 |
Any other prohibited synthetic pesticide | 0.5 |
(2) Mycotoxin:
Mycotoxin | Action Level ug/kg (parts per billion) |
Aflatoxins (B1, B2, G1, G2) | 20 |
Ochratoxin A | 20 |
(3) Microbials:
Microbials | Action Level cfu/g |
Total Aerobic Bacteria | 105 |
E. coli (Shiga toxin-producing E. coli - STEC) | <1 |
Salmonella | <1 |
Aspergillus fungi (fumigatus, flavus, terreus, and niger) | <1 |
Total Yeast and Mold | 104 |
Bile-tolerant Gram Negative Bacteria | 103 |
(4) Heavy metals:
Metals | Action Level ug/g (parts per million) |
Arsenic | 0.2 |
Cadmium | 0.2 |
Lead | 0.5 |
Mercury | 0.1 |
Source: 48 SDR 40, effective October 5, 2021.
General Authority: SDCL 34-20G-72(5)(d)(e).
Law Implemented: SDCL 34-20G-72(5).
