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Drug-Free Workplace Policy and Program Template

Colorado Drug Testing Laws and Regulations

State: Colorado
Colorado Drug Testing Law :

The State of Colorado does not have specific legal provisions governing employment and pre-employment drug testing. However, this does not mean that employers are restricted or prohibited from implementing drug policy in the workplace. It also does not mean that employers have free reign on how to conduct drug testing on their employees and prospective employees. Colorado drug testing and alcohol testing procedures are guided by the federal and state laws, such as: the American Disability Act, unemployment and privacy laws. The use of medical marijuana is legal in the State of Colorado. However, there are rigorous rules governing the use of medical marijuana.

Statute of Order :

The State of Colorado has no statutes governing drug and alcohol testing policy in the workplace. However, the State uses the provisions in the American Disability Act, federal and state laws such as unemployment and privacy laws as guidelines in handling drug policy issues in the workplace.

Covered Employers :

Public and private employers

Employer Compliance :

There are no statutes that restrict employers to conduct drug and alcohol testing. Hence, they are free to do so, for as long as they do not violate the rights of individuals, such as the privacy and discrimination.

Applicant Testing :

Employers have the prerogative to require drug and alcohol testing for applicants.

Employee Testing :

Employers are free to require drug and alcohol testing on their employees. Testing must be required only when utterly needed.

Conditions and Methods :
  • Applicant testing – employers are permitted to require applicants to be tested for drug and alcohol under the following circumstances:
  • Applicants have been informed in writing about the testing requirement.
  • The testing procedure is conducted in compliance with set rules.
  • Applicants must be given a copy of the positive result. Employers must keep the information confidential.
  • Employee testing – employers are not allowed to conduct random testing, except if there is a strong reasonable suspicion.
Important Bullet Points :
  • Accidents in the workplace
  • Employee benefits may be reduced if proven to be intoxicated with alcohol at the time of the accident.
  • If the quality of job performance is diminished due to the employee’s use of drugs or alcohol outside of the workplace, the said employee may be disqualified from getting benefits.
Medical Marijuana Law: Colo. Const. Art. XVIII Section 14
Applicability: Law applies to physicians, patients and caregivers
Quantity Allowed: Less than or equal to 2oz or 6 plants with only 3 able to produce usable product. Patient may raise an affirmative defense if greater amount is needed for debilitating condition.
How Obtained: Growing is permitted but details not specified.
Liability Protections: Physicians: protected from criminal prosecution when recommending Marijuana for medical use Patients and Caregivers: have an affirmative defense if physician diagnosed and advised use of Medical Marijuana permitted quantity and if registered with I.D. Card.
Statutory Requirements for Authorized Use: Registry Card required. Must be Colorado resident and registered with Colorado Department of Public Health and Environment. Current Colorado physician diagnosis required (2 physicians diagnosis required for minors). Annual renewal with written documentation provided.
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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.

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