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Drug-Free Workplace Policy and Program Template

Missouri Drug Testing Laws and Regulations

State: Missouri
Missouri Drug Testing Law:

The State of Missouri has a more relaxed legislation for drug and alcohol testing in the workplace. However, this does not mean that employers can indiscriminately test their workers for drug and alcohol impairment. The workers can press charges against employers who have violated their basic rights to privacy, anti-discrimination and others. Although the Missouri drug testing and alcohol testing procedures are not clearly defined, employers have to be very careful in implementing them. It will be beneficial for employers to also look into the rules of unemployment claims and other labor laws for guidance. On the part of the employees and prospective employees, it would be good to know your basic rights as individuals and citizens in order to protect yourselves from any forms of violation and discrimination.

Statute of Order:

No statute available but employers have the option to adopt a Drug-Free Workplace Program.

Covered Employers:

Not specified by Missouri statutes, with the exemption for employers involved in transportation services to school children and minors.

Employer Compliance:

Voluntary under Drug-Free Workplace Act

Applicant Testing:

Permissible subject to the provisions of employer policy, in compliance with the Drug-Free Workplace Act.

Employee Testing:

Recommended for employees handling safety-sensitive work.

Conditions and Methods:
  • Drug and alcohol testing for school bus drivers is mandatory under the Missouri Drug and Alcohol testing guidelines.
  • Employers who voluntarily adopt a drug-free workplace program must implement the program in accordance with the federal state law.
Important Bulletpoints:
  • For purposes of administering workers’ compensation and unemployment benefits the employer’s written alcohol and controlled substance workplace policy may be required. The policy must clearly state that a positive test result may be grounds for misconduct which would result in suspension or termination of employment.
  • An employer’s testing policy may include pre-employment testing as well as random, post-accident and reasonable suspicion testing subject to provisions of applicable collective bargaining agreement.
  • Confirmation tests may be requested by the employee at his or her expense. Costs of initial alcohol or drug test required by employer are to be assumed by the employer.
  • Specimen collection shall be in accordance to Department of Transportation procedures and are to be tested only by a laboratory duly certified by the Department of Health and Human Services.
  • Employees in violation of their employer’s drug-free workplace policy may be subject to a 50% reduction or complete forfeiture of workers’ compensation benefits. Unemployment benefits may also be adversely affected due to misconduct as a result of a positive test result or refusal to test.
  • Medical Marijuana Law:

    Missouri was the 11th state out of 16 to legalize CBD oil. The Senate (32-0) and Missouri House (136-12) passed HB 2238 on May 1, 2014. Gov. Jay Nixon signed it into law on July 28, 2014.1

    This "CBD-only" law allowed approved patients access to cannabis oil. It permits the Department of Agriculture to grow industrial hemp for research purposes. As per House Bill 2054, industrial hemp is not considered a controlled substance and is therefore legal for a person to cultivate it provided that person has not previously been convicted of a drug-related offense.

    Qualifying Medical Condition

    • Intractable epilepsy

    Limitations

    • Patients are required to have attempted at least three other unsuccessful treatments before using cannabis oil.

    • The only cannabis oil composition allowed is minimum 5% CBD and less than 0.3% THC.

    • The only approved medical condition is intractable epilepsy, leaving many other people with serious debilitating medical conditions without access to CBD.

    Recreational Marijuana Law

    Senate Bill 491 was enacted way back in May 2014 but was never signed by Gov. Jay Nixon, choosing instead to allow it to become effective without his signature. The bill finally took effect on January 1, 2017. This law decriminalizes first offense possession of marijuana of up to 10 grams by replacing what used to be up to a year of jail time with a fine of up to $500. Possession of over 35 grams remains a felony with a prison sentence of up to 1 year AND a fine of $5000.This new law also reduces possible sentences for the cultivation and sale of marijuana.

    Limitations

    • The protection against jail time applies only to individuals without prior marijuana convictions.

    Effects on Workplace Drug Testing

    With the very limited scope of both HB 2238 and SB 491, the effects on workplace drug testing were not explicitly stated. 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. Sources:

    http://www.safeaccessnow.org/missouri_medical_marijuana_laws_and_regulations

    http://norml.org/legal/item/missouri-hemp-law

    http://www.medicalmarijuanainc.com/missouri-marijuana-laws/

    http://norml.org/laws/item/missouri-penalties-2

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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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