November 2020 South Dakota HR Legal Updates

South Dakota Voters Legalize Marijuana Usage

What happened?
South Dakota voters have voted in favor of Constitutional Amendment A and Measure 26, both relating to the use of marijuana.

What are the details?
Constitutional Amendment A allows for the recreational use of marijuana for adults over the age of 21. Notably, Measure 26 legalizes the use of medicinal marijuana. Measure 26 allows users of medicinal marijuana the same protections granted to patients prescribed prescription drugs with regard to employment and drug testing.

Measure 26 can be read here.

What do employers need to do?
Employers in South Dakota should review their pre-employment practices in order to accommodate the new protections granted to medicinal marijuana users.