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Missouri Drug Testing Compliance

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Missouri

Legal status for workplace drug screening and alcohol testing

Download our free guide: Marijuana Legalization by State.

Our intent is to make Missouri drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in this state.

Missouri 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 or any aspect of it. Testing is your choice, but there may be federal rules to consider.

This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when drug and alcohol 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 Missouri.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encourage to utilize a certified laboratory for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Missouri Drug & Alcohol Testing Laws

With the Amendment 2 passing by 65% for medical marijuana employers can still enforce drug-free workplace, including the screening of marijuana. Employers are cautioned as to any adverse action brought against a state-authorized medical marijuana user, especially in situations that do not included "reasonable suspicion" circumstances.

Some additional provisions under this Amendment states nothing in the below permits someone to:

  •  Bring a claim against any employer, former employer, or prospective employer for wrongful discharge, discrimination, or any similar cause of action or remedy, based on the employer, former employer or prospective employer.
  • Bring a claim against prospective employer prohibiting the employee, former employee, or prospective employee from being under the influence of marijuana white at work or disciplining the employee or former employee, up to and including termination from employment, for working or attempting to work while under the influence of marijuana.

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 do a random testing for my employees in Missouri?

Correct!

There are no current limitations for reasons of drug testing.

Answer is “Yes”

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:

Missouri 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.

Missouri personal and medical use of marijuana.

Marijuana Drug Testing Compliance

Medical Use: On July 14, 2014, Governor Nixon signed HB 2238 into law, which added sections to various Missouri laws permitting the growth and distribution of cannabidiol (CBD) to qualifying patients with intractable epilepsy. The law, focused largely on patient qualifications, growing, and distributing cannabidiol states in relevant parts. The law does not address the workplace in any fashion.

Amendment 2 was passed by 65%, this amendment is approving the medical use of marijuana. Which means a person that either meets a qualifying medical condition (any of the nine) or they get a medical authorization from a doctor, will be allowed to grow, possess and use marijuana, marijuana concentrates and marijuana edibles. This law will go into affect on December 6 2018.

 

Personal Use: This state does not currently have a personal use law.

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.

N/A

N/A

N/A

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