South Dakota Alcohol & Drugs laws & safety compliance analysis

South Dakota Alcohol & Drugs: What you need to know

State Requirements

Some states have comprehensive laws that regulate or prohibit drug testing in the private sector. South Dakota does not have such a law. South Dakota employers are therefore free to implement drug-testing programs at their own discretion.

Drug Testing
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Private Employers

Some states have comprehensive laws that regulate or prohibit drug testing in the private sector. South Dakota does not have such a law. South Dakota employers are, therefore, free to implement drug-testing programs at their own discretion. Additional information on developing a program is available. Please see the national Alcohol and Drugs section.

Public Employers

South Dakota law requires drug screening for applicants for the following positions:

  • Positions at the Human Services Center or the South Dakota Developmental Center with a primary duty of patient or resident care or supervision;
  • Positions at the South Dakota State Veterans’ Home with a primary duty of patient or resident care or supervision;
  • Safety-sensitive positions; and
  • Positions in the Department of Agriculture, Wildland Fire Suppression Division with duties that include firefighting (SD Cod. Laws Sec. 3-6F-5).

Medical Marijuana

In November 2020, voters in South Dakota approved an amendment to the state constitution that requires the state legislature to pass laws providing for the use of medical marijuana and the sale of hemp by April 1, 2022 (Amendment A).SD Cod. Laws § 34-20G-2). Cardholders are allowed to possess 3 ounces or less of cannabis.

A registered qualifying patient who uses medical marijuana has the same rights under state and local law as a person would have if solely prescribed a pharmaceutical medication, as it pertains to: (1) any interaction with a ...


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