South Dakota has updated its workplace medical cannabis law to clarify that employers can refuse to hire an applicant for a safety-sensitive job or take adverse action against an employee in a safety-sensitive job based on a test result that is positive for cannabis metabolites. The law takes effect July 1, 2024.

Action Items

Ensure that all safety-sensitive positions are documented as such in job descriptions and ads.
If you plan to make employment decisions based on a positive test result for cannabis metabolites with respect to safety-sensitive positions, make that clear in all related policies.