State Attorney General Jason Ravnsborg is reviewing a proposal for South Dakota’s industrial hemp program before it goes to the U.S. Department of Agriculture for clearance.

That’s according to a spokeswoman for the state Department of Agriculture. JaCee Aaseth said USDA will then have up to 60 days to look over South Dakota’s plan and decide whether it can proceed.

State lawmakers wrote the law so it could take effect immediately after receiving the governor’s signature. The hope by some was that farmers could plant by July, but that now seems off the table.

“Because the legislation included an emergency clause, the SDDA was able to begin working on establishing an industrial hemp program to regulate the growth and processing of industrial hemp immediately when the bill was signed. The SDDA has been actively working to draft administrative rules, draft our state plan for USDA approval, hire staff to administer the program, and establish processes, forms, and databases necessary to carry out the regulations once approved,” Aaseth said.

“While COVID-19 has presented some challenges, we have been able to move forward as planned. Because USDA must approve the state plan, we felt it was appropriate to obtain their feedback and approval before proposing rules,” she continued.

The Legislature approved allowing industrial hemp with no more than 0.3 percent THC to be grown, produced and transported in South Dakota during the 2020 session.

The measure included funding that Governor Kristi Noem said was necessary for her administration to regulate it. The governor vetoed somewhat similar legislation in 2019.

The new law sets ceilings on license fees that the state department can charge. The actual amounts haven’t been proposed yet.

Aaseth said the South Dakota Industrial Hemp Association has been working with the department.

Governor Noem’s running mate, Lieutenant Governor Larry Rhoden, is serving as the current interim secretary of agriculture, after Kim Vanneman resigned.