Indiana Drug Testing Laws and Regulations
|Indiana Drug Testing Law:||
The government of the State of Indiana works to minimize, if not totally eradicate, the use of illicit drugs among its constituents. In order to uphold the safety and well-being of everyone in the community, the state government established legislative provisions geared towards the reduction of drug use. Indiana drug testing and alcohol testing procedures in the workplace are guided by the statutes IC 22-9-5-24, 910 IAC 3-2-4 and the Drug-Free Workplace Act. The State of Indiana supports and promotes the federal government’s Drug-Free Workplace program. For employers, it is useful to check both the state and federal laws on drug and alcohol testing before implementing drug and alcohol policy to eliminate issues on litigation.
|Statute of Order:||
910 IAC 3-2-4
Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)
All employers, public or private
Required for candidates who are applying for safety-sensitive jobs. However, testing shall only be required after a conditional job offer has been made.
Required for employees holding safety-sensitive jobs. Employers can also test all employees according to the standards of the employers’ drug and alcohol policy.
|Conditions and Methods:||
|Medical Marijuana Law:||
Marijuana, medical or otherwise remains illegal in the state of Indiana. They have some of the stiffest penalties in all of the U.S. While some jurisdictions may offer drug diversion programs for first time offenders who have no criminal history1, in most other jurisdictions possession of even a single joint is a crime that can mean up to a year of incarceration AND a fine of up to $5000.2
The Indiana General Assembly began the 2017 legislative session on January 3. Several marijuana policy reforms have already been filed. Senator Jim Tones has filed Senate Bill 15. Under this bill, Indiana would establish in-state access to CBD oil for patients with intractable epilepsy.
A broader program is covered under Senate Bill 255 as penned by Senator Karen Tallian. This bill will establish a medical marijuana program that will permit patients (and their caregivers) who have been recommended by their physicians to use a certain quantity of marijuana for the treatment of their medical conditions. The same bill will create the DOME (Department of Marijuana Enforcement) to oversee the program. An advisory committee will review the effectiveness of the program and consider recommendations from DOME. Further, DOME will be authorized to grant research facility licenses to entities physically situated in the state.3
Effects on Workplace Drug Testing With medical and recreational marijuana still illegal in the state, employers may reasonably assume status quo as far as state drug testing laws are concerned. Employees will still be expected to adhere to company drug-free workplace policies in the interest of preserving employee safety, performance and productivity in the workplace.
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.