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Alabama Drug Testing Compliance

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Alabama

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Alabama drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Alabama. Alabama is a “open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice. However, there may be federal rules to consider that may restrict your program in other ways. This overview is to introduce you to the nature and history of Alabama’s workplace drug testing rules and to provide a basic understanding of the drug and alcohol compliance issues you may face when testing in this state.

Drug Testing Overview:

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Alabama.
Q2: Please choose a reason for drug and alcohol testing:
Yes - See Law section for restrictions.
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: These types of testings are required with some conditions pre-employment, periodic, follow-up, for cause, return-to-duty and random permitted, bu not required.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: For the state of Alabama, you may test for the following drugs: amphetamines, cannabinoids, phencyclidine, methadone, opiates, cocaine, methaqualone, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any of these substances.
Q5: Are there any state requirements or limitations for specific notice of result?
A: There are no current limitations.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA or CAP certified labs only.
Q7: What types of specimens can we test for?
A: Blood, Breath, Hair, and Urine
Q8: Are there restrictions for Alcohol Testing?
A: Must comply with DOT standards, positive equals to .04 and .08 for all other positions.

Alabama Drug & Alcohol Testing Laws

As of June 2022, employers are prohibited from requiring an applicant to submit -pre-employment marijuana drug testing as a condition of employment. You may be free, within the limits of applicable federal rules, to draft any policy you wish, and to implement whatever testing program makes sense for your company. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Did you know?

Q1. Can I still test my employees for for marijuana if I am an employer in Alabama?

Incorrect answer is no!

 

Correct!

 

As of June 2022 employers are prohibited from requiring an applicant to submit pre-employment marijuana drug testing as a condition of employment.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Marijuana:

Alabama Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Alabama personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: There currently is no language within the Alabama medical marijuana law that is close to protecting employees. However, the law does state that it does not prohibit employers from establishing and enforcing drug testing or drug-free workplace policy. It does not prohibit employers from requiring medical marijuana cardholders to notify employers of their status.

Recreational Use: In May of 2016, Governor Bentley signed “Leni’s Law,” an extension of “Carly’s Law” described above. Leni’s Law extends legal protections, both from criminal and custodial restrictions to the parents or guardians of a patient that has been prescribed CBD oils by a doctor. Note that CBD continues to be illegal under federal law, so a doctor’s ability to prescribe it to a patient is problematic.

For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

Court Decisions:

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

No known issues at this time.

N/A

No known limitation/actions at this time.

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