Idaho Drug Testing Laws and Regulations
|Statute of Order:||Idaho Code §72-1701 et seq.|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized as a condition of employment.|
|Employee Testing:||Testing authorized, including random testing, after notice to employees. Policy must list types of tests and state that violation is a ground for misconduct discharge. Unemployment benefits may be denied for discharge because of positive result, refusal to be tested, or altering results.|
|Conditions & Methods:||Confirming test after positive results, confidentiality of test, and methods of collection, storage, and transportation that ensure noncontamination of specimen.|
|Medical Marijuana Law:||
In 2015, Senate Bill 1146 was approved but was later vetoed by Governor Butch Otter. This bill would have allowed patients with debilitating medical conditions to use and possess marijuana oil with very low-THC content for their medical treatment. It would also have allowed state-licensed physicians to make recommendations for treatment with medical marijuana. Certain protections would also have been established for individuals arrested for marijuana possession and use as long as they can prove that they are qualified and registered patients with corresponding certification from their physician. Under current marijuana laws in Idaho, a person charged with possession of marijuana of up to 1 ounce can be fined up to $1000 and or sent to jail for up to 1 year.1
During the 2016 legislative session, not a single bill pertaining to Idaho's policies on marijuana was introduced.
Come 2018, the Idaho Medical Marijuana initiative MAY APPEAR on the ballot on November 6 of this year as an initiated state statute. This measure seeks to legalize medical marijuana in the state, and will be (short) titled: "An initiative establishing a medical marijuana program for qualifying patients and to protect participants from criminal prosecution and civil sanction". It will amend Title 39 of the Idaho Code by adding Chapter 93 - Idaho Medical Marijuana Act. The following are the provisions of the act:3
• To protect from arrest, criminal and civil sanction, patients who have chronic diseases or conditions or who are terminally ill, and caregivers, growers, and agents of medical marijuana organizations who may possess or cultivate marijuana for medical purposes;
• To establish a registry of qualifying patients, caregivers, growers, and agents who shall be issued registry identification cards;
• To establish production facilities, safety compliance facilities and dispensaries which shall be issued registration certificates;
• To authorize production of marijuana;
• To establish that the maximum amount of marijuana that qualifying patients and caregivers (per assisted patient) may possess is 24 ounces of usable marijuana and 12 marijuana plants if issued a registry identification card allowing cultivation;
• To establish reporting rules and penalties for abuse of the act;
• To provide that the department shall submit an annual report to the Idaho legislature;
• To provide that information regarding names and other identifying information of persons who have been issued or have applied for a registry identification card, pursuant to chapter 93, Title 39, Idaho Code is exempt from disclosure.
Qualifying Medical Conditions
• Alzheimer's disease
• Arnold-Chiari malformation and Syringomelia
• Chronic Inflammatory Demyelinating Polyneuropathy
• Crohn's disease
• CRPS Type II
• fibrous dysplasia
• Hepatitis C
• Interstitial Cystitis
• Muscular dystrophy
• Myasthenia Gravis
• Myoclonus, Dystoria
• Nail-patella syndrome or residual limb pain,
• Parkinson's Disease
• Reflex Syndromes Type 1
• Rheumatoid arthritis
• Sjogren's Syndrome
• Spinal cord disease including arachnoiditis
• spinal cord injury
• Spinocerebellar Ataxia (SCA),
• Tarlov cyst
• Tourette Syndrome
• Traumatic brain injury and post-concussion syndrome
Any chronic or qualifying disease or medical condition or its treatment that produces:
• cachexia or wasting syndrome
• chronic pain
• seizures including epilepsy
• persistent muscle spasms including multiple sclerosis
• Any terminal illness with less than 12-month life expectancy as determined by a licensed physician
• Any other medical condition or its treatment added by the Department
• It is prohibited to undertake any task under the influence of marijuana that would constitute negligence or professional malpractice.
• Possessing or using marijuana even for medical purposes is prohibited on a school bus, on the grounds of any preschool or primary or secondary school, in any correctional facility.
• Smoking marijuana is prohibited on any form of public
• transportation and in any public place. It is prohibited to operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana
Effects on Workplace Drug Testing
Under 39-9223(1c), it is stated that "Nothing in this chapter requires an employer to allow the ingestion of marijuana in any workplace or any employee to work while under the influence of marijuana, except a registered qualifying patient may not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana without written findings of substantial impairment".
Under 39-9223(2), it is stated that "Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana".
IF APPROVED in 2018, this measure should not affect employers' rights to keep their workplaces drug and alcohol free. In fact, the 2 provisions above explicitly state that employers have every right to implement drug test programs if they do not already have one. Safety officers only need to make sure their written policies are clear on the rules for establishing impairment as against simply finding marijuana metabolites in a drug test, especially for employees who are also qualified medical marijuana patients under the law.