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June 27, 2024
South Dakota amended its medical cannabis law, effective July 1, 2024, to permit adverse employment actions and refusals to hire based solely on a positive test result for cannabis metabolites if the person is employed or seeks to become employed in a safety-sensitive job. See S.D. Codified Laws § 34-20G-22. “Safety-sensitive jobs” are defined as any position with tasks or duties that an employer reasonably believes could cause the illness, injury, or death of an individual; or result in serious property damage. S.D. Codified Laws § 34-20G-1(24).
South Dakota further amended its medical cannabis law to provide that no cause of action arises for employment discrimination or wrongful termination as a result of an employer’s establishment or enforcement of a drug-free workplace policy, including a drug-testing program that complies with state and federal law. Specifically, no employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis. S.D. Codified Laws § 34-20G-24.
Employers: Cannabis remains illegal under federal law despite laws in many states that permit it under various circumstances. South Dakota’s amendments to its medical cannabis law codifies your right to regulate cannabis use in your workplace.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, South Dakota, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
