South Dakota Code § 34-20G-22

Employment and drug testing--Adverse action not prohibited for safety-sensitive position
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Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:
(1) Any interaction with a person's employer;
(2) Drug testing by a person's employer; or
(3) Drug testing required by any state or local law, agency, or government official.
Nothing in this section prohibits adverse employment action, based solely on a positive test result for cannabis metabolites, if the person is employed in a safety-sensitive job.
Nothing in this section prohibits an employer from refusing to hire a person, based solely on a positive test result for cannabis metabolites, if the person is seeking employment in a safety-sensitive job.

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