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Administrative Rules

    44:90:10:14.  Labeling prohibitions. No label may:

    (1)  Include representations as to cannabinoid content or to the absence of pesticides, mold, or other contaminants, other than to provide the results of analysis performed by a cannabis testing facility certified in accordance with this article;

    (2)  Make claims regarding health or physical benefits to the consumer;

    (3)  Include any false or misleading statements;

    (4)  Obscure identifying information or warning statements;

    (5)  Use any trademark without authorization;

    (6)  Depict a human, animal, creature, vehicle, fruit, cartoon character, toy, emoji, or other artwork likely or intended to appeal to anyone under 21 years of age;

    (7)  Include the word “candy” or “candies”; or

    (8)  Refer to any item typically marketed to persons under 21 years of age.

    Source: 48 SDR 40, effective October 5, 2021.

    General Authority: SDCL 34-20G-72(7).

    Law Implemented: SDCL 34-20G-72(5).




    44:90:10:14.01.  Prohibited forms of advertising. Unless and until the United States Drug Enforcement Administration removes marijuana or cannabis as a Schedule I controlled substance, no establishment may advertise:

    (1)  On a sign or billboard, except that a dispensary may advertise on signs on its own premises;

    (2)  By distributing handbills in public areas or on publicly owned property;

    (3)  Through direct mail, phone, text, or email without verifying the recipient is a cardholder or medical cannabis establishment and offering a permanent opt-out feature;

    (4)  Through publication, except that a dispensary may advertise on publications within its own premises;

    (5)  Through radio, television, and other media; or

    (6)  Through a practitioner or health care facility, by placing advertising material at a practitioner’s office or health care facility, or by targeting the practitioner’s or health care facility’s patients through direct mail, phone, text, or email.

    Source: 48 SDR 54, effective November 15, 2021.

    General Authority: SDCL 34-20G-72(5)(i).

    Law Implemented: SDCL 34-20G-72(5).

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