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Maine Drug Testing Compliance

Capital Augusta Population 1,331,479
Largest city Portland
Area 35,385 sq mi
Criminal rate 12 crimes /10,000 people Time Zone UTC −5/−4

Maine Employee Background Check Laws

Maine

Legal status for workplace drug screening and alcohol testing

Our intent is to make Maine 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.

Maine 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. Nothing in the rules requires a private employer to conduct testing; state law only comes into play if you do decide to test in some way.

Maine’s drug and alcohol testing rules are extremely detailed. The rules could be viewed as overly tedious or as a blueprint for program development and protection.

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.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: Company policy must be approved by the State of Maine.
Q2: Please choose a reason for drug and alcohol testing:
Yes
Yes
No (but must have facts)
Yes - Not allowed
Yes
Yes - Not allowed.
Yes -limited to between 90 days and 1 year.
Q3: Are there any state requirements for test methods?
A: All types of testing are allowed, but with restrictions.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Any scheduled drug, alcohol or other drug, or any of their metabolites.
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: NIDA, CAP, AACC, state’s Dept. of Human Services.
Q7: What types of specimens can we test for?
A: Urine only per the Department of Labor 6-12-07; blood can be tested under specific circumstances. See statute for details. Department of Labor indicated in 2015 that it will adopt the same regulations for lab-based oral fluid being developed by SAMHSA once they are finalized.
Q8: Are there restrictions for Alcohol Testing?
A: Must meet same restrictions as for drug testing.

Did you know?

Q1. Is there a specific way I need to write our company drug and alcohol policy in Maine?

Answer is “No”.

Maine drug test rules are, in many ways ,unlike those in any other state. This is primarily so because, in Maine, your policy must be approved by the state before testing begins. As a result, you must understand the statute, the regulations, and the Maine Department of Labor process.

By using model policies that the Department of Labor offers, you are far less likely to run into difficulties or delay in getting your testing program approved.

 Correct!

Maine Drug & Alcohol Testing Laws

Emergency legislation enacted by the Maine legislature was vetoed by the Governor, but the legislature overrode the veto. LD 1719, " An Act to implement a Regulatory Structure for Adult Use Marijuana," which took effect on May 2, 2018.

Marijuana in workplace - It is stated in the new law that an employer  is not required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale or cultivation of marijuana or marijuana products in the workplace.

Workplace policies regarding marijuana use - It is stated in the new law that an employer may enact and enforce workplace policies restricting the use of marijuana and marijuana products by employees in the workplace or while engaged in activities within the course and of employment.

Discipline of employees - It is stated in the new law that an employer may discipline employees who are under the influence of marijuana in the workplace or while engaged in activities within the course of employment in accordance with the employers workplace policies regarding the use of marijuana and marijuana products by employees.

There has been no change with Maine's requirements for the employer drug testing policies to be approved by the Maine Bureau of Labor Standards. the Bureau's model drug testing policies still include testing for marijuana and permit disciplinary action for positive test results.

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)

Update: June 2018

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.

Maine 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.

Maine personal and medical use of marijuana.

Medical Use: Was approved by 61% of voters in the November 2, 1999,  and it became effective December 2, 1999. The Initiative created the “Maine Medical Use of Marijuana Act.” Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty, or disciplinary action, including, but not limited to,  a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter. 2011, c. 407, Pt. B, 20 (AMD) .

Personal Use: In November 2016, Maine voters approved the sale of recreational marijuana for persons 21 years of age or older with the law going into effect in 2018. In February 2018 specific protections for employees or applicants that use marijuana went into effect. As of  May 2, 2018 a new law went into effect regarding Marijuana in the workplace, and it is more detailed of he expectations of employers and employees. See the law section on this state's page for more details.

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

Update: June 2018

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

No known court cases at this time.

N/A

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N/A

Update: December 2017

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