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Marijuana Considerations & Laws In South Dakota

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • Very harsh anti-cannabis laws.
  • South Dakota SB 95 (2017) removed cannabidiol (CBD oil) from the definition of marijuana and down-graded its schedule, but sanctions only CBD oil if it is FDA-approved.
  • The U.S. Farm Bill opened the door for sales of hemp-derived CBD.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • In South Dakota, grounds to deny an unemployment claim include being discharged for failure to obey the rules of an employer, which could constitute misconduct.
  • In South Dakota, an injury or death due to an employee’s intoxication can be grounds to deny workers’ compensation benefits.

Sources (e.g. Bill Number, Authority)

  • South Dakota SB 95 – CBD related
  • South Dakota Codified Laws Ann. 61-6-14 to 14.1 – Unemployment related
  • South Dakota Codified Laws Ann. 62-4-37 – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).