If you are interested in starting a marijuana testing laboratory in South Dakota, you will need to obtain a license from the Department of Health. The South Dakota Codified Laws Title 34, Chapter 20G establishes the cannabis business licenses available in South Dakota. These licenses are referred to as registration certificates issued to approved medical cannabis establishments in South Dakota, including cultivators, manufacturers, dispensaries, and testing facilities. The licensing process is complex and can be time-consuming, but it is important to follow all of the requirements carefully. Below our cannabis consultants provide you with an overview of the process and the steps you need to take to obtain a marijuana testing laboratory license in South Dakota.
If you prefer to speak to one of our South Dakota cannabis testing consultants on the phone, please schedule a call for a free consultation.
Table of contents:
To be eligible for a cannabis testing laboratory license in South Dakota, you must:
Be at least 21 years old.
Be a resident of South Dakota for at least one year.
Have a good moral character.
Have the financial resources to operate a marijuana testing laboratory responsibly.
Meet all of the other requirements set forth in the South Dakota Medical Marijuana Program Act
Meet the requirements of Article 44:90:07:03
Article 44:90:06:02 of the South Dakota Administrative Rules requires that marijuana testing laboratories have a quality assurance program in place. The quality assurance program must include procedures for:
Ensuring the accuracy and reliability of test results.
Maintaining the integrity of samples.
Calibrating and maintaining testing equipment.
Training laboratory personnel.
Reviewing and reporting test results.
Application Requirements for Marijuana Testing Laboratory License in South Dakota
To apply for a marijuana testing license, you must submit an application to the Department of Health. The general business license application must include:
A detailed management plan.
A security and access restriction plan.
A workplace safety plan.
A diversion prevention plan.
A transportation plan.
A waste management plan.
A proof of financial resources.
A pre-employment screening plan.
A background check.
Additional testing lab specific requirements include:
Declarations affirming no conflict of interest
ISO 17025 accreditation
A quality assurance program.
A list of tests to be offered.
Standard operating procedures for all preanalytical, analytical, and post analytics processes.
Employee competency program.
List of all equipment to be used.
A non-refundable application fee.
The following is the licensing fee for marijuana testing laboratories in South Dakota:
Testing Laboratory: $5,000
Marijuana testing laboratory licenses must be renewed annually. The renewal fee is the same as the initial application fee.
Marijuana testing laboratories are subject to inspection by the Department of Health. The Department of Health may inspect your business at any time, but they are required to give you reasonable notice.
Guide on How to Start a Cannabis Testing Facility in South Dakota
In this section, our South Dakota cannabis testing consultants provide you with a step-by-step guide on how to start a South Dakota cannabis testing laboratory.
Step 1: Read the Laws and Regulations
Step 2: Engage a Cannabis Testing Consultant
Step 3: Develop a Business Plan for your South Dakota Cannabis Testing Facility
Step 4: Raise Capital
Step 5: Secure Property and Equipment
Step 6: Develop Cannabis Testing Procedures
Step 7: Obtain Accreditation
Step 8: Apply for Your South Dakota Cannabis Testing Facility License
Obtaining a marijuana testing laboratory license in South Dakota can be a complex and time-consuming process, but it is important to follow all of the requirements carefully. By following the steps outlined in this article, you can increase your chances of success.
Additional Tips and Information
Start early. The licensing process can take several months, so it is important to start early.
Be organized. The Department of Health will require you to submit a lot of information, so it is important to be organized and have everything ready before you submit your application.
Get help from a professional. There are many consultants and attorneys who specialize in helping marijuana businesses obtain licenses. If you need help, consider hiring a professional.
South Dakota legalized medical marijuana in 2020 through the passage of South Dakota Initiated Measure 26. While Constitutional Amendment A was intended to pass recreational/adult-use simultaneously with Initiated Measure 26, it was deemed declared illegal over a process technicality.