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Workplace Drug Testing Laws for South Dakota

  • Published: 12/19/2022
  • Updated: 12/19/2022

Under South Dakota law there are no restrictions on an employer to implement their own drug-testing policy.

Workers’ compensation laws in South Dakota state that workers compensation claims can be denied if intoxication caused the injury; However, employers have the burden to prove that the intoxication was the proximate cause and a substantial factor of the injury.

Marijuana remains illegal recreationally and medically in South Dakota.