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Drug-Free Workplace Policy and Program Template

Maryland Drug Testing Laws and Regulations

State: Maryland
Statute of Order: Md. Code Ann. Health Gen. §17-214
Covered Employers: All employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized if supported by legitimate business reason.
Conditions & Methods: Testing only by certified laboratory. Confirming test after positive result at employee's expense.
Important Bulletpoints:
  • An existing collective bargaining agreement with contrary provisions may prohibit an employer from conducting preliminary drug screening of job applicants.
  • Maryland’s Department of Mental Health and Hygiene is tasked with certifying laboratories that may conduct alcohol or controlled dangerous substance testing for employment purposes. Drug testing must be done by duly certified testing laboratories only.
  • The services of a medical review officer may be required for confirmed positive test results.
  • Maryland drug testing laws allow for the use of hair specimen for pre-employment purposes only. The hair sample must only be one and half inches long from the body and cannot be used for purposes other than for testing for presence of controlled dangerous substances.
  • In case of a confirmed positive test result, the employer shall provide the donor employee within 30 days a copy of the test results, a copy of the employers’ written policy, the employer’s written notice of intent to take appropriate action, and a statement of employee’s right to request independent retesting for verifying the initial confirmed results. The information may be given personally by the employer or via certified mail.
  • Employers pay for all employment required drug testing costs. For retesting, the donor employee pays the cost of the retest.
  • Workers’ compensation benefits may be denied if personal injury of employee is due to unprescribed use of a controlled substance.
  • Medical Marijuana Law: MD. Crim. Law Code Ann. Sections 5-601- 5-619 (Supp. 2003)
    Applicability: Law does not define.
    Quantity Allowed: Law does not address
    How Obtained: Law does not address.
    Liability Protections: Essentially a criminal insulation statute – person may introduce “Medical Necessity” as an affirmative defense if being prosecuted for possession of Marijuana.
    Statutory Requirements for Authorized Use: This statute is not about authorized use of Medical Marijuana.
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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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