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South Dakota drug testing laws for employers
South Dakota has no general workplace drug testing law, so private employers set their own rules. Its 2020 medical cannabis law gives registered patients the same rights in employer drug testing as people taking prescription drugs, except in safety-sensitive jobs. Employers may still keep a drug-free workplace policy and bar use or impairment at work.
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The state law
- We found no South Dakota law that sets rules for private employers who drug test (no statute found).
- We found no South Dakota workers' comp premium discount for drug-free workplace programs (no statute found).
Testing applicants
- We found no South Dakota law that limits applicant testing in general (no statute found).
- You may refuse to hire someone for a safety-sensitive job based only on a positive test for cannabis metabolites (SDCL 34-20G-22).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (medical only)
- A registered medical cannabis patient must get the same rights in dealings with an employer and in employer drug testing as someone taking a prescription drug (SDCL 34-20G-22).
- You may fire, discipline, or refuse to hire a person in a safety-sensitive job based only on a positive test for cannabis metabolites (SDCL 34-20G-22).
- A safety-sensitive job is one with tasks you reasonably believe could cause illness, injury, or death, or serious property damage (SDCL 34-20G-1).
- You do not have to allow cannabis use, possession, or impairment at work, and you may keep and enforce a drug-free workplace policy with drug testing (SDCL 34-20G-24).
- Enforcing a drug-free workplace policy that follows the cannabis law does not give a worker a discrimination or wrongful firing claim (SDCL 34-20G-24).
- These patient protections do not apply if they would conflict with your duties under federal law or cost you a federal contract or license benefit (SDCL 34-20G-23).
- Adult-use (recreational) marijuana is not legal in South Dakota (SDCL 34-20G-1).
Also good to know
- A worker gets no workers' comp for an injury caused by intoxication or illegal use of a Schedule I or II drug, but the employer must prove it (SDCL 62-4-37).
Common questions
Is drug testing legal for employers in South Dakota?
South Dakota has no general workplace drug testing law, so private employers set their own rules. Its 2020 medical cannabis law gives registered patients the same rights in employer drug testing as people taking prescription drugs, except in safety-sensitive jobs. Employers may still keep a drug-free workplace policy and bar use or impairment at work.
Can employers in South Dakota test applicants before hiring?
We found no South Dakota law that limits applicant testing in general (no statute found).
Is random drug testing allowed in South Dakota?
We found no state law that limits random testing by private employers (no statute found).
Can a South Dakota employer act on a positive marijuana test?
A registered medical cannabis patient must get the same rights in dealings with an employer and in employer drug testing as someone taking a prescription drug (SDCL 34-20G-22).
Some rules for South Dakota weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- SDCL 34-20G-1 (official)
- SDCL 34-20G-22 (official)
- SDCL 34-20G-23 (official)
- SDCL 34-20G-24 (official)
- SDCL 62-4-37 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.