South Dakota Statutes

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

South Dakota·Title 34 PUBLIC HEALTH AND SAFETY·Ch. 34-20F MEDICAL CANNABIS

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,

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South Dakota § 34-20G-22 (Employment and drug testing--Adverse action not prohibited for safety-sensitive position.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 135, § 1.

Nearby Sections

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