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Mississippi Drug Testing Compliance

Capital Jackson Population 2,988,726
Largest city Jackson
Area 48,430 sq mi
Criminal rate 28 crimes /10,000 people Time Zone UTC -6/-5

Mississippi Employee Background Check Laws

Mississippi

Legal status for workplace drug screening and alcohol testing

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

Mississippi is an “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 Mississippi.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Mississippi.
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: All types of testing are permitted with restrictions (written notice for applicant, reasonable suspicion for post-accident).
Q4: Are there any state requirements or limitation for drugs you can test for?
A: Amphetamine, marijuana, cocaine, phencyclidine, methadone, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, or their metabolites... other controlled substances with federal cut-off levels established.
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: CLIA, SAMHSA, CAP, or state Board of Health. Required for confirmation testing.
Q7: What types of specimens can we test for?
A: Urine for drugs; breath, or saliva for initial alcohol screen, and blood for alcohol confirmation per Dept. of Health.
Q8: Are there restrictions for Alcohol Testing?
A: Breath or saliva for screens; positives confirmed with blood.

Did you know?

Q1. Can I do a random testing for my employees in Mississippi?

Correct!

There are no current limitations on reasons for drug testing.

Answer is “Yes”

Mississippi Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing. No known regulation limits workplace drug or alcohol testing. Since there are no known state statutes, regulations, or court decisions in this state, you may be free, within the limits of applicable federal rules, to draft any policy you wish, and to implement whatever testing program makes business sense to you. It is advisable to conduct testing according to the accepted standards of practice in the drug testing industry. No drug test regulations exist in this state.

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.

Mississippi 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.

Mississippi personal and medical use of marijuana.

Medical Use: On April 17, 2014, Governor Bryant approved law HB 1231 exempting from the controlled substance list “Processed cannabis plant extract, oil or resin that contains more than fifteen percent (15%) cannabidiol (CBD) or a dilution of the resin that contains at least fifty (50) milligrams of cannabidiol per milliliter, but not more than one-half of one percent (.5%) of tetrahydrocannabinol.” The law does not address the workplace in any fashion.

Personal Use: Mississippi does not have a personal use law at this time.

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

Hill v National Collegiate Athletic Association, 7Cal. 4th 1, 865 P.2d 633 (CA S.Ct. 1994).

  1. CA Constitution Privacy Initiative applies to private parties.
  2. Interests must be balanced.

NCAA won.

The first case where CA Supreme Court interpreted the Privacy Initiative. Limits private employer action.

Update: Oct 2017

TO PAGETOP