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Previous Updates
Medical Cannabis Law Amended
Effective July 1, 2022, amendments to the state's medical cannabis law include the following:
- An employer is not required to allow the possession, transfer, display, or transportation of cannabis in any workplace.
- The exception made for a registered qualifying patient to not be considered as under the influence of cannabis solely because of the presence of metabolites or components of cannabis that appear in insufficient concentration to cause impairment is removed. The law is amended to explicitly allow an employer to establish and enforce a drug-free workplace policy that may include a drug testing program for job applicants and employees that complies with state and federal law.
- Employees can be disciplined for performing any safety-sensitive job under the influence of cannabis.
A safety-sensitive job means 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.
Under the influence of cannabis means any abnormal mental or physical condition that tends to deprive a person of clearness of intellect and control that the person would otherwise possess, as the result of consuming any degree of cannabis or cannabis products.
Legalization of Medical Cannabis
Effective July 1, 2021, South Dakota residents who have a debilitating medical condition and are certified by a physician may use medical cannabis under Initiated Measure 26 (Measure 26). Measure 26 does not:
- Require an employer to allow the ingestion of cannabis in any workplace;
- Require an employer to allow an employee to work under the influence of cannabis; or
- Prohibit an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
Measure 26 also prohibits the smoking of cannabis in any public place or any place that is open to the public.
Ballot measures in South Dakota take effect on July 1 following their passage. South Dakota voters also approved the legalization of recreational marijuana.
South Dakota Legalizes Recreational Marijuana
South Dakota marked Election Day by becoming the first state to legalize both recreational and medical marijuana at the same time. Typically, states have legalized medical marijuana well before doing so for recreational use.
Under Initiated Measure 26, voters approved the legalization of the use, delivery, manufacture and cultivation of marijuana and marijuana-based products to treat or alleviate debilitating medical conditions as certified by a physician. Under the measure, patients may possess up to three ounces of marijuana.
Meanwhile, voters also approved a separate constitutional amendment to legalize recreational marijuana and permit South Dakota residents aged 21 or older to possess or distribute one ounce or less of marijuana.
