Pierre, SD: House and Senate lawmakers have advanced legislation, SB 12, rolling back certain employment protections for state-authorized medical cannabis patients.
The protections were initially included in comprehensive ballot initiative language approved by voters in 2020. Since then, lawmakers have repeatedly sought to repeal aspects of the law and/or significantly amend it.
Specifically, SB 12, permits employers to either fire or refuse to hire patients for “safety-sensitive jobs” if they test positive for THC metabolites on a drug screen. The legislation also prohibits patients from suing an employer for wrongful termination if they fail an employer-mandated drug test. (Cannabis urinalysis tests detect the presence of inert THC metabolites which may be present for weeks or even months following exposure.)
Proponents of the bill included the Associated General Contractors of South Dakota, the South Dakota Retailers Association, and the South Dakota Home Builders Association.
The measure awaits final approval from Republican Gov. Kristi Noem, who is expected to sign it into law. Over 8,500 South Dakotans are registered with the state to access medical cannabis products.
The majority of states with medical cannabis access laws provide employment protections for patients. Additionally, nearly half of adult use legalization states — including California, Connecticut, Minnesota, Montana, New Jersey, New York, and Rhode Island — have enacted workplace protections limiting employers’ ability to test for or sanction employees for their cannabis use while away from the job.
Additional information on pending legislation is available from NORML’s Take Action Center.