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Marijuana Legalization by State.
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Our intent is to make Hawaii drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in the state.
Hawaii is a “mandatory” state, which means any private employer wishing to conduct drug and/or alcohol testing of non-regulated employees within this state must do so according to the state constitution, statutes, regulations, local ordinances, and court decisions that apply (the rules).
This overview is to introduce you to the nature and history of Hawaii’s workplace drug testing rules and to provide a basic understanding of the drug and alcohol testing compliance issues you may face when testing in this state.
The law (Ch. 329B-1 to 8) and regulations (Ch. 11-113 to 113-34) do not require any employer (referred to in the rules as “third party”) to conduct drug or alcohol testing. Testing is your choice. Hawaii’s drug testing rules focus primarily on how testing may be done, the drugs you may test for, and the qualifications of those conducting the tests and their facilities. It does not address other aspects of a testing program such as who may be tested and when. Violations of this mandatory statute, in addition to possible damages and injunctive relief for the aggrieved party, carries a possible fine for each violation of not less than $1,000 and not more than $10,000.
The mandatory law was originally enacted in 1990 and has been amended numerous times. Regulations under this law exist and focus on how testing is to be done and the qualifications of the personnel conducting the tests and facilities where tests will be carried out.
This law does not apply to:
Q1. Can I test employee for any substances in the state of Hawaii? Yes:
Answer is “No”.
Approved Substances are as follows:
While the state statute defines “drug,” the regulations limit substances or their metabolites to:
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.
Medical Use: Be sure that when dealing with the medical marijuana issues your company drug and alcohol testing policy and procedures meet other applicable state requirements, if any. There are no known court decisions interpreting the Medical Use of Marijuana law in Hawaii. The law does not specify restrictions for employers – it limits authorized use by stating: 329‐122 Medical use of marijuana; conditions of use.
Personal Use: There are several efforts under way to pass legislation permitting the personal use of marijuana.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
No known court cases.