An Act to regulate the sale of certain cannabis-infused beverages.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 35-4:
Unless otherwise allowed under chapter 34-20G, no cannabis-infused beverage may be sold to a retailer licensed under this chapter or licensed under chapter 10-45 unless:
(1) The seller is a wholesaler licensed under this chapter; and
(2) The tetrahydrocannabinol concentration of the beverage is no greater than three-tenths of one percent.
Section 2. That a NEW SECTION be added to chapter 35-4:
Unless otherwise allowed under chapter 34-20G, no cannabis-infused beverage may be sold in a retail sale to a consumer unless the retailer is licensed pursuant to this chapter and:
(1) The retail sale occurs on the premises of an off-sale or on-sale establishment;
(2) The consumer is at least twenty-one years of age; and
(3) The tetrahydrocannabinol concentration of the beverage is no greater than three-tenths of one percent.
A violation of this section is a Class 2 misdemeanor.