Arkansas Drug Testing Laws and Regulations
|Arkansas Drug Testing Law:||
The State of Arkansas supports employers who desire to maintain a drug-free workplace. Although employer compliance is voluntary, the state rewards employers who apply and maintain a drug-free workplace program with incentives such as discounts on employees’ compensation insurance premium. Arkansas drug testing procedures are explicitly described in the state code §11.14.101 - §11.14.112. It is beneficial for employers, employee and prospective employees to know about these provisions.
|Statute of Order:||
Arkansas Code §11.14.101 - §11.14.112
Employers are permitted to conduct drug and alcohol testing for employees after establishing a drug-free workplace policy in accordance to the standards set by §11.14.112.
|Conditions and Methods:||
Section 11.14.104 states that:
|Important Bullet Points:||
|Medical Marijuana Law:||
On November 8, 2016 Arkansas approved, via a 53.17% to 46.83% vote, an initiative towards the use of medical marijuana. The Arkansas Medical Marijuana Amendment of 2016 Issue 6 took effect on November 9, 2016 and now allows patients who are seriously ill to procure and use marijuana for medical purposes as approved by their doctors.
Qualifying Medical Conditions
• Alzheimer's disease
• Crohn's disease
• Hepatitis C
• Severe arthritis
• Tourette's syndrome
• Ulcerative colitis
• Other chronic debilitating medical conditions that cause:
• peripheral neuropathy
• severe nausea
• severe and persistent muscle spasms
• intractable pain that have remained unresponsive to treatment even after 6 months
• Other medical conditions approved by the Department of Health
The amendment will allow for the establishment of 4-8 duly licensed cultivation facilities (home cultivation is not allowed) and up to 40 dispensaries regulated by the Alcoholic Beverage Control Division.
•Using cannabis in public places like daycare centers, schools, alcohol or drug treatment centers, youth centers, correctional facilities and other public areas is still illegal.
• Driving or operating a vehicle under the influence of marijuana is still illegal.
• It is still illegal for any person to use cannabis if they do not have a qualifying medical condition.
• Landlords are allowed to prohibit smoking marijuana on-site.
Effects on Workplace Drug Testing
Lifted verbatim from the full text of Issue 6, below is a summary of provisions relevant to workplace drug testing.
• Section 1 - 3- (f)(3): An employer shall not discriminate against an individual in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, based upon the individual's past or present status as a qualifying patient or designated caregiver.
Qualifying patients applying for a job need not be concerned about their employment prospects as long as they meet the requirements and qualifications set forth by hiring managers. Likewise, qualifying patients who are currently employed need not be concerned about their employment status for as long as they adhere to the organization's drug-free workplace policy. They are protected by this amendment from being discriminated upon just because they need and use marijuana for their medical conditions.
• Section 1 - 6- (2): This amendment does not require an employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana.
Employers do not necessarily get the short end of the stick with this amendment to the state's marijuana law. It does not require employers to go as far as allowing employees to use marijuana while at work or to show up for work while under the influence. Drug-free workplace policies remain in effect in the interest of maintaining employee performance, safety and productivity.
For Further Reading:
Material on these pages (state drug testing laws and drug testing regulations) is provided for informational purposes only and does not constitute legal, medical or technical advice. This drug testing related information is not intended as substitute for obtaining legal advice from attorney, or a relevant medical technical or financial professional. TestCountry is not a law firm or a legal agency, therefore cannot guarantee the accuracy of this content. Drug testing laws are collected from legal and/or state sources, and it may or may not be valid by the time you are viewing it. Any views or opinions expressed are solely those of the author and do not necessarily represent those of Confirm Biosciences Inc. DBA TestCountry.