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Alabama Drug Testing Compliance

Capital Montgomery Population 4,779,736
Largest city Birmingham
Area 52,419 sq mi
Criminal rate 45 crimes /10,000 people Time Zone UTC

Alabama Employee Background Check Laws

Alabama

Legal status for workplace drug screening and alcohol testing

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

Alabama 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 Alabama’s workplace drug testing rules and to provide a basic understanding of the drug and alcohol 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 Alabama.
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: These types of testings are required with some conditions pre-employment, periodic, follow-up, for cause, return-to-duty and random permitted, bu not required.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: For the state of Alabama, you may test for the following drugs: amphetamines, cannabinoids, phencyclidine, methadone, opiates, cocaine, methaqualone, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any of these substances.
Q5: Are there any state requirements or limitations for specific notice of result?
A: There are no current limitations.
Q6: Is it required to use a Certified Laboratory?
A: SAMHSA or CAP certified labs only.
Q7: What types of specimens can we test for?
A: Blood, Breath, Hair, and Urine
Q8: Are there restrictions for Alcohol Testing?
A: Must comply with DOT standards, positive equals to .04 and .08 for all other positions.

Did you know?

Q1. Can I still test my employees for for marijuana if I am an employer in Alabama?

Correct!

You may discipline a cannabidiol (CBD) patient who tests positive for marijuana.

Answer is “Yes”

Alabama Drug & Alcohol Testing Laws

There are currently no known state statutes, regulations, or court decisions that exist 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 sense for your company. 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: October 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.

Alabama 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.

Alabama personal and medical use of marijuana.

On April 1, 2014 Governor Bentley signed SB174, known as “Carly’s Law.” This law is very limited and only allows a board-certified neurologist employed at the University of Alabama Birmingham to authorize/prescribed. Note, however, because CBD remains illegal under federal law no physician may “prescribe” it. This law currently has a set repeal date of July 1, 2019.

In May of 2016, Governor Bentley signed “Leni’s Law,” an extension of “Carly’s Law” described above. Leni’s Law extends legal protections, both from criminal and custodial restrictions, to the parents or guardians of a patient that has been prescribed CBD oils by a doctor. Note that CBD continues to be illegal under federal law, so a doctor’s ability to prescribe it to a patient is problematic.

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

Update: October 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 at this time.

No known issues at this time.

N/A

No known limitation/actions at this time.

Update: Oct 2017

TO PAGETOP