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

Answered by: Andrew David Easler, Esq.
Published: 11/30/2022
Updated: 11/02/2023

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.