South Dakota Cannabis Testing Labs

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South Dakota Drug Testing Laws >

Does South Dakota License Independent Cannabis Testing Labs?

South Dakota licenses independent cannabis testing labs to test cannabis and cannabis products. The South Dakota Department of Health certifies independent cannabis testing facilities to test medical marijuana and medical marijuana products. Note that recreational cannabis is currently illegal in the state.

Requirements for Marijuana Testing Labs in South Dakota

Per Section 44:90:06:01 of the South Dakota Administrative Rules, a cannabis testing facility must complete an ISO/IEC 17025 accreditation prior to or within 18 months of licensing. An ISO/IEC 17025 accreditation means accreditation by the International Accreditation Service, the American Association for Laboratory Accreditation, the American National Standards Institute’s National Accreditation Board, or another laboratory accreditation board that the testing facility meets General Requirements for the Competence of Testing and Calibration Laboratories developed by the International Organization for Standardization and the International Electrotechnical Commission for a particular analyte and technology.

In addition to an ISO/IEC 17025 accreditation, a cannabis testing facility must also register with the United States Drug Enforcement Agency pursuant to 21 C.F.R. part 1301.13.

South Dakota Required Tests for Cannabis Products

In accordance with Section 44:90:09:01 of the South Dakota Administrative Code, a medical cannabis establishment must test every batch of cannabis or cannabis product intended for retail sale in the final form prior to transfer. Required cannabis tests are:

• Potency testing for THC content and, if so labeled, cannabidiol content
• Microbials listed in subdivision 44:90:05:10 (3)
• Mycotoxin screening for mycotoxins listed in subdivision 44:90:05:10(2)
• Metals listed in subdivision 44:90:05:10 (4) and Section 44:90:07:03 of the South Dakota Administrative Rules
• Solvents listed in Section 44:90:07:03 of the South Dakota Administrative Rules
• Pesticides listed in subdivision 44:90:05:10 (1)

How Do South Dakota Marijuana Testing Labs Submit and Report Test Results?

According to Section 44:90:06:07 of the South Dakota Administrative Rules, results of any analytical test of cannabis or cannabis products must be provided to the cannabis cultivation facility or product manufacturing facility in the form of a COA (Certificate of Analysis). The cannabis testing facility must update the state-approved inventory tracking system every day by midnight with all samples collected and the results of all voluntary and mandatory tests performed, including, as applicable, a quantitative value and whether the sample passed or failed the test.

How Much Does It Cost to Test Cannabis in South Dakota?

To find out how much it costs to test cannabis or cannabis products in South Dakota, contact any licensed testing facility in the state.

What Happens to Cannabis Products That Fail Lab Tests in South Dakota?

Per Section 44:90:09:10 of the South Dakota Administrative Rules, upon receipt of a Certificate of Analysis indicating that a cannabis sample or cannabis product has failed testing, the cannabis or cannabis product may be remediated or destroyed. However, under Section 44:90:09:11 of the South Dakota Administrative Rules, a cannabis cultivation or product manufacturing facility may only elect to remediate a batch of cannabis or cannabis products that failed testing, provided that:

• Cannabis and cannabis products that fail tests for metals or pesticides may not be remediated
• Cannabis and cannabis products that fail tests for prohibited solvents may not be remediated
• The cannabis establishment submitting the sample outlines its processes for remediating cannabis and cannabis products in its operating procedures
• The cannabis establishment submitting the sample for testing obtains permission from the Department of Health before remediating a batch of cannabis or cannabis products
• Any cannabis or cannabis products must be retested and must pass all required tests after remediation

Per Section 44:90:09:12 of the South Dakota Administrative Rules, if a cannabis cultivation or product manufacturing facility is unable or unwilling to remediate a batch of cannabis or cannabis products that failed testing, the cannabis establishment must note in the inventory tracking system that it will destroy the cannabis or cannabis products.

Also, if a cannabis cultivation or product manufacturing facility fails to follow the procedures for remediation or destroying cannabis or cannabis products, the Department of Health will notify all medical cannabis dispensaries that the inventory tracking system batch number associated with the unusable batch has not passed the required tests. Furthermore, the Department must provide procedures for recall if the cannabis or cannabis product that failed testing has been made available for retail sale.

List of Cannabis Testing Labs in South Dakota

Cannabis Chem Laboratory, located in Flandreau, is the only licensed cannabis testing laboratory in South Dakota that cannabis establishments may use to test cannabis and cannabis products. Another laboratory, the State of South Dakota Public Health Lab, located in Pierre, is only available for confirmatory and law enforcement testing.