South Dakota Governor Kristi Noem (R) signed a invoice this week that may barely roll again the employment protections for medical marijuana sufferers, permitting employers to take motion in opposition to individuals who take a look at optimistic for THC in the event that they work in a safety place.
The invoice, SB 12, additionally clarifies that self-discipline or termination for violating a drug-free office coverage just isn’t grounds for an employment discrimination or wrongful termination declare.
The change provides clear boundaries to the state's office drug regulation, which states that “a certified registered affected person who makes use of hashish for a medical objective shall be afforded all the identical rights below state and native regulation, as” and the individual must be insured if the individual was. solely prescribed a pharmaceutical medicine.”
SB 12 adoption means that’s now not the case for safety-sensitive employees, which embrace positions equivalent to pilots, development employees, well being care professionals, academics, nursing residence workers, truck drivers and others.
Whereas state regulation already incorporates a provision that specifies that no employer is required to “allow any worker to work below the affect of hashish,” testing optimistic for THC or its metabolites doesn’t imply that an individual is impaired within the work, because the proof can. be detectable in an individual's blood for days or even weeks after consuming marijuana.
New South Dakota regulation removes office protections for medical marijuana sufferers in safety-sensitive jobs
