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South Dakota Cannabis Update

06 Mar

Update Applicable to:Effective date
All employers with at least 1 worker in South DakotaJuly 1, 2024

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.


Source References

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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