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South Carolina Drug Testing Compliance

Capital Columbia Population 4,961,119
Largest city Charleston
Area 32,020 sq mi
Criminal rate 24 crimes /10,000 people Time Zone UTC −5/−4

South Carolina Employee Background Check Laws

South Carolina

Legal status for workplace drug screening and alcohol testing

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

South Carolina 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. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways.

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: No specific requirements of employer drug screening policy for South Carolina.
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. Random is required of all workers who receive wages or compensation in any form.
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: There are no limitations or restrictions, but strongly encourage utilizing 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.

Did you know?

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

Correct!

 

Answer is “Yes”

There are no limitations for drug and alcohol testing in South Carolina.

South Carolina Drug & Alcohol Testing Laws

This state has no known statutes restricting workplace drug or alcohol testing, and no known regulation limits workplace drug or alcohol testing. Since there is no known state statute, regulation, or court decision existing 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.

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: December 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.

South Carolina 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.

South Carolina personal and medical use of marijuana.

Medical Use: On June 2, 2014, Governor Haley signed a bill which amended various sections of the law defining narcotics. The bill also created a CBD study committee.

'Cannabidiol' means a finished preparation containing, of its total cannabis content, at least 98 percent cannabidiol and not more than 0.90 percent tetrahydrocannabinol by volume that has been extracted from marijuana or synthesized in a laboratory.

'Qualifying patient' means anyone who suffers from LennoxGastaut Syndrome, Dravet Syndrome, also known as severe myoclonic epilepsy of infancy, or any other form of refractory epilepsy that is not adequately treated by traditional medical therapies.

Personal Use: This state currently has no personal use law.

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

Update: December 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: December 2017

TO PAGETOP