S.D. Codified Laws § 34-49-14
If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by § 34-49-8 or that have not been marked as required by § 34-49-9, such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of §§ 34-49-2 to 34-49-7, inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of §§ 34-49-2 to 34-49-7, inclusive.
SDCL 34-49-14