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Maryland Drug Testing Compliance

Capital Annapolis Population 6,016,447
Largest city Baltimore
Area 12,407 sq mi
Criminal rate 47 crimes /10,000 people Time Zone UTC −5/−4

Maryland Employee Background Check Laws

Maryland

Legal status for workplace drug screening and alcohol testing

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

Maryland 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 decisions that apply. The law (17-214) does not require any employer to conduct drug or alcohol testing. Testing is your choice.

Maryland’s drug testing law focuses primarily on how testing may be done. It does not address other aspects of a testing program such as who may be tested and when.

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 Maryland.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: Must supply copy of policy to applicants, and for every employee in company.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
Yes
Q3: Are there any state requirements for test methods?
A: There are required process for collections, laboratory and split specimen refer to reg. subtitle 10 sec.10.10.10.05, 10.10.10.08 and 10.10.10.10
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Drug, substance, or immediate precursor as set forth in Schedules I-V of Criminal Law 5-101 & 5-202
Q5: Are there any state requirements or limitations for specific notice of result?
A: Copy of positive result, employer policy, and disciplinary action must be sent to employee or applicant within 7 days of confirmed positive that was received by employer.
Q6: Is it required to use a Certified Laboratory?
A: Licensed by the state of Maryland; SAMHSA/CAP/HCFA; at donor’s request employer must provide name and address of the lab that will test the donor’s specimen.
Q7: What types of specimens can we test for?
A: Applicant specimens consist of Blood, Urine, Saliva, and Hair. Current Employee specimens consist of Blood, Urine, and Saliva.
Q8: Are there restrictions for Alcohol Testing?
A: No Breath testing is allowed.

Did you know?

Q1. Do we need to register to complete a preliminary screen?

Correct!

Registration: Any employer or agent conducting a “preliminary screen” with an FDA-approved, single-use test device MUST register with the state initially and every 2 years and pay the $50 fee.

 Answer is “Yes”

Maryland Drug & Alcohol Testing Laws

The law (17-214)1 does not require any employer to conduct drug or alcohol testing. This law focuses on what to test for, where testing may be conducted, how tests must be conducted and post-test procedures. It does not address who or when employers may test or the consequences of a policy violation.

Regulations under this law exist and focus on how testing is to be done and post-testing requirements.

This law does not apply to: A person who is subject to federal or State commercial motor vehicle statutes or regulations concerning alcohol and controlled substances testing, to the extent that those statutes or regulations conflict with the requirements of this chapter;  An agency of the federal government; Alcohol or controlled  substances testing of an individual under arrest or held by a law enforcement or correctional agency; Alcohol testing conducted by a law enforcement or correctional agency on breath-testing equipment certified by the State Toxicologist; or Controlled substances testing by a laboratory facility of a law enforcement or correctional agency that maintains laboratory testing standards comparable to the standards in Health-General Article, 17-214, Annotated Code of Maryland.

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: November 2017

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.

Maryland 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.

Maryland personal and medical use of marijuana.

Medical Use: Governor O’Malley signed SB 923/HB 881 April 14, 2014 establishing the "Natalie M. LaPrade Medical Marijuana Commission." The law does not restrict employer action; the statute establishes the Commission and regulates medical professionals, dispensaries, and growth centers.

Personal Use: There are several efforts under way to pass legislation decriminalizing the personal use of marijuana.

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

Update: November 2017

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

N/A

N/A

N/A

Update: November 2017

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