An Act to regulate industrial hemp-derived delta-8 and delta-10 tetrahydrocannabinol products, and other hemp-derived psychoactive compounds, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 38-35-12 be AMENDED:

38-35-12. The Department of Health shall promulgate rules, pursuant to chapter 1-26, to:

(1) Make any modification or addition to the hemp regulatory program in order to comply with any federal statutes or any rules and regulations regarding hemp enacted or implemented by the United States Department of Agriculture;

(2) Establish testing procedures to determine if the hemp tested contains the lawful amount of total delta-9 tetrahydrocannabinol concentration and certifying results;and

(3) Establish labeling requirements for industrial hemp products; and

(4) Establish labeling, marketing, packaging, and testing requirements and procedures for delta-8 and delta-10 tetrahydrocannabinol products, and other hemp-derived psychoactive compounds.

Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.