South Dakota’s Gov. Kristi Noem (R) signed a bill into law this week that would roll back employment protections medical marijuana patients slightly, allowing employers to take action against people who test positive for THC if they work in a safety-sensitive position.
The bill, SB 12, also clarifies that discipline or termination for violating a drug-free workplace policy is not grounds for an employment discrimination or wrongful termination claim.
The change adds clear boundaries to the state’s workplace drug law, which says that “a registered qualifying patient who uses cannabis for a medical purpose shall be afforded all the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication.”
SB 12‘s adoption means that’s no longer the case for safety-sensitive workers, which include positions like pilots, construction workers, healthcare professionals, teachers, nursing home employees, truck drivers and others.
While state law already contains a provision specifying that no employer is required to “allow any employee to work while under the influence of cannabis,” testing positive for THC or its metabolites does not mean that a person is impaired on the job, as evidence can be detectible in a person’s bloodstream for days or weeks after consuming marijuana.
