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Marijuana Legalization by State.
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Our intent is to make Vermont drug screening compliance as simple as possible you don’t have to be a constitutional law scholar to conduct workplace drug testing in the Green Mountain State.
Vermont is a “mandatory” state, which means any employer wishing to conduct drug and/or alcohol testing within this state must do so according to the statute, regulations and court decision that apply. The law (Title 21, Ch. 5 511- 520) prohibits drug testing except as specifically permitted. Testing is your choice, but if you choose to do so, it must be according to the law.
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 testing in this state.
Vermont’s drug testing law focuses primarily on who may be tested, when and how testing must be done, policy requirements and the consequences of any first time positive. This law was originally enacted in 1987, making it among the oldest such laws in the country. This law does not apply to employers conducting drug testing mandated by the federal Department of Transportation. This law defines drug as “a drug listed or classified by the U.S. Drug Enforcement Administration as a Schedule I drug, or its metabolites, and other drugs or metabolites likely to cause impairment” and alcohol. Specific alcohol testing procedures are not discussed.
Anyone testing positive the first time will not be terminated and will be referred for assistance to the Company’s EAP. Anyone refusing to participate in counseling, failing to successfully complete counseling or with a second positive test result will be terminated.
It is advisable to have a company substance abuse testing policy that is clear and completely informs employees what the rules are of your workplace. When referring to medical marijuana use by employees in Vermont, it is suggested that you indicate your company will maintain a program in compliance with state law.
Q1. Can I do a random testing for my employees in Vermont? Yes: No:
Correct!
Answer is “Yes”
Although, there are no real limitations, there are Vermont laws you need to be aware of.
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.
Medical Use: In 2004 the Vermont Legislature passed SB 76/HB 645 authorizing the medical use of marijuana. This law does not interfere with this policy. The Company will follow state law in all instances. This law does not specifically limit employers in any way. In fact, the only provisions related to the workplace are those limiting the use of marijuana.
Personal Use: There is currently not a personal use law for marijuana in Vermont. However, there may be changes to this soon.
For more information regarding marijuana at work, refer to Info Cubic’s Drug Screening compliance corner.
No known court cases at this time.
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