What happened?

On February 14, 2024, Governor Kristi Noem signed SB 12, an act that authorizes certain employer actions regarding the use of cannabis by an employee or a prospective employee.

What are the details?

The amendment:

• In safety-sensitive jobs or jobs that do not meet that criterion, employers have a discretion to terminate or refuse an employee or prospective employee if there is a positive test result for cannabis metabolites.
• No cause of action is created for employment discrimination or wrongful termination from an employer’s enforcement of a drug-free workplace policy.

Nothing else was modified.

Business Considerations

• Update your drug and alcohol policy and testing processes to comply with the new exclusions if necessary. It is suggested that you address medical cannabis use if it is not already present in your existing policy.
• Consider when it will be appropriate to provide a reasonable accommodation if an employee’s medical condition requires cannabis use and update your internal processes accordingly.
• Train your management staff on how to effectively manage situations related to cannabis use in the workplace.

Resources

Source References

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