Workplace Drug Testing Laws in South Dakota
Most employers who wish to conduct workplace drug and alcohol testing for applicant and employee purposes will be required to follow specific drug testing laws established by their state. For South Dakota employers, however, the state has an “open” drug testing policy, in which the state enforces no specific laws controlling how employee drug screenings must be conducted.
Although it’s up to private employers to choose whether or not to implement a testing policy, South Dakota state employers who hire for positions that are safety sensitive or that require a commercial driver’s license (CDL) are expected to implement drug testing procedures.
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South Dakota Drug Testing Compliance
South Dakota Drug Testing Laws Without Restrictions
|Drug Test Issue||Remarks|
|Recreational Marijuana||Under current legislation, there are no workplace drug testing laws in South Dakota that restrict an employer from conducting marijuana-involved drug screenings for applicant and employee purposes.|
|Medical Marijuana||Although South Dakota recently passed a measure that legalized the adult medical use of marijuana, there are no workplace drug testing laws in South Dakota that prohibit employers from screening for marijuana for workplace drug testing purposes.|
|Random Testing||There is no South Dakota drug testing legislation that restricts employers from conducting random employee drug and alcohol testing,|
|Specimens Tested||Under current South Dakota law, there are no employee drug testing laws that outline what sort of specimens can and cannot be used for workplace-related drug and alcohol testing.|
|Workers Comp||There are no South Dakota drug testing compliance laws that restrict an employer from conducting a drug and alcohol screening post-workplace accident for workers’ comp purposes.|
|Laboratories||Under current legislation, there are no workplace drug testing laws in South Dakota that outline specific laboratory requirements for workplace drug and alcohol testing purposes; however, a SAMHSA certified drug testing laboratory is always recommended.|
|Testing for Alcohol||There is no drug testing legislation in the state of South Dakota that prevents employers from conducting alcohol testing.|
Conditional South Dakota Drug Testing Laws
|Drug Test Issue||Remarks|
|Instant or POCT Testing||There are currently no South Dakota drug testing compliance laws that restrict private employers from using instant and POCT devices for on-site employee drug and alcohol testing purposes. However, for state employers of safety-sensitive positions, drug testing legislation requires positive specimens to always be confirmed by a drug testing laboratory.|
|Substances Screened||Under current South Dakota law, there are no employment drug screening laws that outline what specific substances private employers can and cannot screen for. However, state employers who are responsible for filling safety-sensitive positions are required at minimum to test for marijuana or cannabinoids (THC), cocaine metabolites, amphetamines, and opiates.|
Other Services We Provide in South Dakota
If you’re looking for drug testing information related to a specific city in the state of South Dakota, try taking a look at our South Dakota clinic locations page. From there, you can select your city’s drug testing or DNA testing page to learn more.
We also offer South Dakota Background Checks. For more information, visit our South Dakota background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.