South Dakota Drug Testing Laws

In South Dakota, drug testing regulations are largely framed by the South Dakota Codified Laws. Specific details of these laws related to drug testing can be found here. Employers are guided by the South Dakota Codified Laws for drug testing. Medical marijuana is legal for patients with a valid prescription, and recreational marijuana use has also been legalized. It's essential for employers to ensure they comply with the state's regulations, and for specific legal queries, it's always recommended to consult a legal professional.

Marijuana in South Dakota: Medical marijuana is legal with a prescription. Recreational use is also legal.

Drug Testing Issue Status Comments
Instant or POCT Testing Allowed with restrictions Confirmatory tests are required for positive results.
Drug Panels Not Specified Not clearly mentioned in the state laws.
Laboratory SAMHSA-certified labs preferred For accuracy and reliability.
Medical Review Officer (MRO) Required Review is needed for all positive results.
Random Testing Allowed for safety-sensitive positions Not allowed for general employees without a reason.
Post-Accident Allowed with restrictions Testing is permissible if there's reasonable suspicion of impairment.
Reasonable Suspicion Allowed Based on observable signs or consistent reports.
Oral Fluids Allowed with restrictions Should be confirmed with a secondary method.
Hair Testing Not Specified Not clearly mentioned in the state laws.
Unemployment Denial Yes If terminated due to drug policy violation.
Workers Comp Discount No No specific provision in South Dakota.
Intoxication Defense Allowed Employers can deny claims if drugs/alcohol are a factor.
Medical Marijuana Yes with prescription Employers may not discriminate against medical marijuana users.
Recreational Marijuana Yes Employers can have policies against usage during work hours.
Report Driver DOT Positives Follow federal guidelines Must comply with federal DOT regulations.
General Statute South Dakota Codified Laws
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We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.

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