South Dakota
Drug Testing Law
South Dakota does not restrict how or when drug testing is conducted or whom employers can require to be drug tested. South Dakota passed recreational cannabis legalization in 2020 via ballot initiative however, in 2021 both a lower court and the state Supreme Court struck down the initiative as unconstitutional, effectively nullifying the program. Note: This is only a summary and does not include specifics.
Law types(s)
Unemployment compensation law and workers’ compensation law.
Legal status of cannabis
Medical cannabis is permitted.
Legal status of instant/POCT/rapid testing
Not mentioned.
Permitted drug testing specimens
Not mentioned.
Permitted testing circumstances
Not mentioned.
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This information is provided for educational use only and does not give full details on South Dakota’s state drug testing laws . Employers wishing to drug test in South Dakota should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.
