South Dakota § 34-20G-22 Employment and drug testing--Adverse action not prohibited for safety-sensitive position.

South Dakota Statutes

§ 34-20G-22 — Employment and drug testing--Adverse action not prohibited for safety-sensitive position.

South Dakota § 34-20G-22

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-20FMEDICAL CANNABIS

This text of South Dakota § 34-20G-22 (Employment and drug testing--Adverse action not prohibited for safety-sensitive position.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-20G-22 (2026).

Text

Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:

(1)Any interaction with a person's employer;

(2)Drug testing by a person's employer; or (3) Drug testing required by any state or local law, agency, or government official. Nothing in this section prohibits adverse employment action, based solely on a positive test result for cannabis metabolites, if the person is employed in a safety-sensitive job. Nothing in this section prohibits an employer from refusing to hire a person, based solely on a positive test result for cannabis metabolites,

Free access — add to your briefcase to read the full text and ask questions with AI

Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to: (1) Any interaction with a person's employer; (2) Drug testing by a person's employer; or (3) Drug testing required by any state or local law, agency, or government official. Nothing in this section prohibits adverse employment action, based solely on a positive test result for cannabis metabolites, if the person is employed in a safety-sensitive job. Nothing in this section prohibits an employer from refusing to hire a person, based solely on a positive test result for cannabis metabolites, if the person is seeking employment in a safety-sensitive job.