Medical Cannabis Law
Effective July 1, 2024, South Dakota amends its medical cannabis law to strengthen protections for employers with respect to employees who use medical cannabis. Under the amendments:
- Employers may take adverse employment action against an employee based on a positive test for cannabis metabolites under certain circumstances.
- Employers may refuse to hire a person for a safety-sensitive job based on a positive test result for cannabis metabolites.
- No cause of action is available for employment discrimination or wrongful termination arising from an employer's enforcement of a drug-free workplace policy.