HB 1191 - Authorizes the Cultivation of Industrial Hemp - South Dakota Key Vote


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Title: Authorizes the Cultivation of Industrial Hemp

Vote Smart's Synopsis:

Vote to override a veto of a bill that authorizes the cultivation of industrial hemp.



  • Authorizes any applicant desiring to grow, produce, or process industrial hemp apply to the Department of Agriculture for a license to plant, farm, propagate, and process industrial hemp within the state (Sec. 4).

  • Specifies that the application for a hemp farming license must include the name and address of the applicant, and the legal description of land area that will be used to grow, produce, or process industrial hemp (Sec. 5).

  • Requires that individual applicants and their subsequent employees submit to a criminal background check in order to determine license eligibility (Sec. 5).

  • Authorizes the Department to deny, revoke, or suspend a license to any person who has done the following, including (Sec. 7):

    • Violate this act;

    • Provided false or misleading information in connection with an application; or

    • Has been convicted of a felony since the most recent criminal background check.

  • Authorizes the Department to enter on any land or area where hemp is grown, stored, or processed for inspection purposes, sample collection testing, or investigation for the purpose of enforcing this act (Sec. 9).

  • Defines “marijuana” as 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 the plant or seed (Sec. 1-2).

  • Specifies that the term “marijuana” does not include industrial hemp or the following, including (Sec. 1-2):

    • Fiber produced from the mature stalks of the plant;

    • Oil or cake made from the seeds of the plant;

    • Resin when extracted from any part of the plant; or

    • A drug product approved by the US Food and Drug Administration.

  • Defines “industrial hemp” as the plant Cannabis sativa L, and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts with a delta-9 tetrahydrocannabinol concentration of no more than 9.3 percent on a dry weight basis (Sec. 3).


Title: Authorizes the Cultivation of Industrial Hemp

Title: Authorizes the Cultivation of Industrial Hemp