North Carolina Drug Testing Laws and Regulations
|Statute of Order:||N.C. Gen. Stat. §95-230 et seq.|
|Covered Employers:||Public and private employers.|
|Applicant Testing:||Applicant testing not subject to restriction.|
|Employee Testing:||Employee testing not subject to restriction.|
|Conditions & Methods:||Testing only by approved laboratory, documentation showing chain of custody, and confirming test in case of positive findings.|
|Medical Marijuana Law:||
Marijuana, even for medical use, is illegal in North Carolina.
Representative Kelly Alexander introduced HB 78, the comprehensive medical marijuana legislation, in February 2015. The house bill, if passed and signed would have safeguarded residents of North Carolina suffering from serious medical conditions and as recommended and attested by qualified physicians, from arrest and prosecution for using medical cannabis. The bill also laid out a system for the production, cultivation and distribution of medical marijuana and related by-products. This would have ensured that qualified patients prescribed with cannabis have reliable and safe access to cannabis for medical use. The following March, The House Judiciary Committee had negative report on the bill, thus voting against the house bill. Proponents of this bill are most likely to introduce a new legislation at the start of the new season.
However, the North Carolina Epilepsy Alternative Treatment Act was passed by the North Carolina senate and signed by Governor Pat McCrory in 2014. Before being modified in 2015, this law required a neurologist to be part of a study before recommending who are qualified to use hemp extract for treating epilepsy. Also amended was definition of hemp extract in relation to its cannabinoids content. On August 1, 2015, the law took effect.
Qualifying Medical Conditions
• Only patients with difficult or intractable epilepsy may be exempted from possible criminal laws for possessing and using hemp extract
• The amended law exempts patients suffering from difficult or intractable epilepsy from any criminal liabilities for possessing and using hemp extract with 0.0% THC and 5% cannabidiol.
• In-stated, production of hemp extracts is not allowed.
Recreational Marijuana Law
There is currently no pending bill for the legalization of marijuana in North Carolina. HB 983 is a bill for legalizing marijuana for medical purposes. However, the state of North Carolina has to some degree decriminalized marijuana.
• No prison time or criminal record for possession of a small amount of marijuana for personal use is afforded for first-time offenders only.
Effects on Workplace Drug Testing
Employers are allowed to require applicants and employees to undergo drug testing in the workplace, as long as the employer adheres to state procedures. Employers may require drug testing of applicants as a condition of employment. An employer may request drug tests on employees under any circumstances.
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.