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Wyoming Drug Testing Laws and Regulations

State: Wyoming
Statute of Order

No Wyoming drug testing statute currently exists particularly for private employment, but Wyoming courts have decided on a few drug testing cases which form the basis of most private corporations’ drug testing programs in addition to federal drug testing laws, guidelines from the ADA, the Drug-free Workplace Act of 1988, the Wyoming Workers’ Compensation Rules, Regulations and Fee Schedules, The Council on Alcohol and Drugs etc.

Covered Employers

Pursuant to federal drug testing laws, state employers and public improvement contractors, including those in safety-sensitive industries like transportation, aviation, DOD and NASA are required to drug test their employees. Private corporations for the most part are covered by state and local laws, and they are free to develop and implement their own drug-free workplace programs.

In Wyoming, a 2006 bill introduced a drug-free workplace account/fund to which employers can contribute, and from which a drug-free workplace program will be administered. Said program is available to all state employers, school districts and universities.

Applicant Testing

Job seekers in Wyoming who are applying for a job with a state contractor or a private corporation with an established drug testing policy can be made to submit to a pre-employment drug screening as a condition of employment.

Employee Testing

Current employees may be made to submit to a drug test under any of the following conditions:

  • Post-accident
  • Random ( for employees performing safety-sensitive duties) Reasonable cause
Conditions & Methods

A sound drug testing policy must meet certain conditions before it can be successfully implemented. It must also adhere to strict guidelines to protect the company against discrimination claims, invasion of privacy and defamation. As a rule of thumb, it must be clearly written and disseminated to all employees, and displayed prominently at public job sites. A state-accredited drug test lab must provide all necessary documentation to respond to a UI claim, including confirmation of all initial positive results. The drug-free workplace program must also take the following into consideration and incorporate them into the drug test policy accordingly:

  • The Americans with Disabilities Act (ADA) protect job applicants and employees who are under medication for a disability from being refused employment or terminated for testing positive on a workplace drug test.
  • An employer cannot limit drug testing to certain employee groups (according to age, race or gender or sexual orientation) without opening itself up to discrimination claims.
  • An employer cannot (maliciously) make public any employee’s (false) positive drug test results without possibly facing defamation charges later on.
  • The methods by which the drug test itself is administered should be beyond question. Making job applicants provide urine sample in the presence of non-lab personnel or taking saliva sample in full view of others may be considered an invasion of privacy.
Important Bullet points
  • Employers who adopt a drug-free workplace program should shoulder the cost of drug or alcohol testing of applicants and employees.
  • Employee testing for drugs and alcohol must follow guidelines set by the Department of Transportation.
  • Employers who adopt a drug and alcohol testing program pursuant to WY Stat. Sec. 27-14-201 enjoy a 5% percent workers' compensation premium discount.
Medical Marijuana Law:

Wyoming is not a truly medical marijuana state as its medical marijuana law only applies to CBD extract.

HB 32 became a law on July 1, 2015 even if Governor Matt Mead neither signed nor vetoed the bill. The bill allows qualified patients to use CBD oil in alleviating seizures due to intractable epilepsy. The bill, however, does not have any provision for in-state access and cultivation of marijuana, nor the production of hemp oil. The law only applies to marijuana or hemp extracts with at least 0.5% CBD by weight and less than 0.3% THC.

Only Wyoming residents afflicted with seizure disorder or intractable epilepsy are qualified in the program. Minors with the same illness may enter the program through one parent or legal guardian.

After qualifying, patients are issued out hemp extract registration card. To qualify, a patient must be certified by his neurologist of his (patient's) existing seizure or epilepsy disorder, and recommended to take CBD oil for treatment.

The law, however, does not indicate where a qualified patient can get CBD oil. Cultivating one's own marijuana plant is not allowed by the law. The only open option is for a qualified patient to travel to other medical marijuana states to obtain hemp extract. Note that hemp extract sourced by the patient must be accompanied by a certification of the extract's THC and CBD content.

Qualifying Medical Condition

• Intractable epilepsy or seizure disorder

Limitations

• The bill only applies to hemp extract, marijuana with less than 0.3% THC and at least 5% CBD.

Recreational Marijuana Law

The measure to legalize recreational marijuana for those 21 years old and above and medical marijuana for those with prescription and approval from their guardian did not make the ballot on November 8, 2016. The same bill would have decriminalized public possession of 3 ounces or less of cannabis, and stipulated penalties for possession of 4 ounces and more of cannabis.

However, HB 197 was passed. This measure reduces the penalty for first-time possession cannabis (less than 3 ounces) to 20 days in jail, and $200 fine for possession of less than 8 ounces of products with THC.

Limitations

• An individual under the influence of cannabis commits a misdemeanor, punishable of up to $750 fine and up to 6 months jail time.

• Subsequent offense for possession of 3 ounces or more could be sentenced up to 5 years in jail, or subjected to $5,000 penalty.

Effects on Workplace Drug Testing

Employers who implement a drug and alcohol testing program in the workplace are afforded a discount by the state of Wyoming on the premium of their worker's compensation.

Job applicants are subjected to take drug test before being considered for a job. Employees are subjected to drug tests too if drug use is suspected following an accident in the workplace. Random drug testing is also permitted.

Sources:

https://www.mpp.org/states/wyoming/wyoming-cbd-law-summary/

https://ballotpedia.org/Wyoming_Marijuana_Legalization_Initiative_(2016)

http://www.nolo.com/legal-encyclopedia/workplace-drug-testing-wyoming.html

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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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