Colorado Drug Laws
We are going to explore two aspects of Colorado drug laws and the information necessary to learn how to pass a drug test in Colorado.
Learning The Basics Of Colorado Drug Laws.
First, we are not attorneys and can not provide specific advice on the Colorado Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Colorado drug laws.
Second, for those of you who are concerned with those Colorado Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Colorado.
There Are Four Major Drug Tests Given In Colorado.
Each drug test has its own specific strengths you must avoid and weakness in which one can take advantage. What you learn here could make the difference between failing and passing a drug test in Colorado.
Colorado Drug Laws For Employees.
Colorado Drug Laws allow drug testing in certain situations as long as the employer follows the procedural rules. Colorado employers with a drug-free workplace program must test employees in the following circumstances:
- after an accident resulting in lost work time.
- on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee on request).
- as part of a routinely scheduled fitness-for-duty medical examination.
- after the employee returns to work following rehabilitation for a positing drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.
In addition, employers may conduct random drug testing as they see fit.
Notice and Procedural Rights for Employees.
An employer that conducts drug testing must post its policy and employees must have at least 60 days’ notice of the policy implementation. Employees who test positive have five days to contest or explain the result. Colorado Drug Laws also require employers to use certain procedures for gathering specimens, testing, maintaining confidentiality and so on.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Colorado? Even though Colorado Drug Laws allow an employer to drug test, many employees and might may have legal claims based on how the test was conducted, who was tested or how the results were used.
Here are some examples:
- Violation of Colorado Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Colorado employer that doesn’t provide the required notice of its testing policy or observe state procedural rights (for example, by failing to conduct a confirmation test after an initial positive result or by allowing unauthorized personnel to perform the test) could face legal problems.
- Disability Discrimination. An applicant or employee who is taking medication for a disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications turn up on drug tests and some drugs that would otherwise be illegal (such as opiates) are legitimately prescribed for certain conditions. If an applicant is turned down because of a positive drug test and the applicant’s medication was legally prescribed for a disability, the company could be liable.
- Other Discrimination Claims. An employer who singles out certain groups of employees – for example, by race, age, or gender – for drug testing could face a discrimination claim.
- Invasion Of Privacy. Even an employer that is allowed or required to test might violate employee privacy in the way it conducts the test. For example, requiring employees to disrobe or provide a urine sample in front of others could be a privacy violation.
- Defamation. An employee might have a valid claim for defamation if the employer ( that the employee tested positive, if the employer has reason to know that the test might not be accurate. For example, if a retest showed that the first test was a false positive or the employee has appealed the first test, the employer may be liable for revealing the results of the positive test beyond those with a need to know.
Breakdown Of Colorado Drug Laws.
|Statute of Order:||Colorado Code §25-5-330 et seq.|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized after applicant is given notice of drug-testing policy and a conditional offer of employment.|
|Employee Testing:||Testing authorized, including random testing and testing on reasonable suspicion, as part of fitness-for-duty exam, after on- the-job injury, or as follow-up to a rehabilitation program. Employees must receive 60 days’ advance notice of testing policy, which must be conspicuously posted.|
|Conditions & Methods:||Confirming test in case of positive result. Opportunity to contest or explain positive test within five days of receiving results.|
|Testing Bullet Points:||
The Colorado Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Colorado Are For Breaking Colorado Drug Laws For Marijuana, Not Federal Or Local Laws.
Colorado drug laws have their own specific strengths you must avoid and weakness in which one can take advantage when it comes to marijuana. The same is true of the Federal Laws concerning marijuana.
Marijuana is the third most popular recreational drug in Colorado behind only alcohol and tobacco. Marijuana has been used by nearly 100 million Americans at one time or another with an equal cross-section of people in Colorado using marijuana. According to the federal government, some 25 million Americans have smoked marijuana in the past year and more than 14 million do so regularly despite harsh laws against its use. Colorado is no exception in its implementation of marijuana law.
Unlike alcohol, for which impairment can be reasonably measured using a breathalyzer, valid detection for marijuana requires drug testing. This is time-consuming, complicated and the drug tests for marijuana cannot determine an approximate degree of impairment. The detection of marijuana is also complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.
Overview Of Colorado Drug Test Laws.
- Lack Of Fixed Laws – There are no fixed laws in the state of Colorado and if you feel the need to opt for a drug testing policy, you need to take that extra initiative. Colorado is an open state with no state law as such. Hence, you need to directly address and limit your workplace testing. The state limits the concept of testing.
- Nature Of The Policy – The state of Colorado does not require a written policy. Contrary to the state laws, the city of Boulder does require a written policy. At the same time, it is interesting to note that in the case of workers compensation and employment purposes, the need for a written policy is a must.
- The Need For Notice – The state of Colorado does not require any postings and hence an applicant’s prior permission is not essential to complete the testing process. At the same time, the city of Boulder does require an applicant’s notice.
- The Overall Costs – The tests, with special regards to the drug tests, need to be born by the employer. Likewise, no court of law has determined whether the drug or testing method is even considered a valid medical examination.
- Consequences – As far as the consequences are concerned, that can be taken care of by mutual understanding between the employer as well as the employee. No limits exist under the state law or court decision.
- The Boulder Ordinance 5195 Limits Testing – The city of Boulder Ordinance 5195 limits testing (no random) and imposes certain administrative rules. These rules can be read in detail through the means of numerous websites.
- Workers Compensation – As per the rules of the state there is a fifty percent reduction on the non medical benefits. If the worker is found intoxicated with alcohol, he/she is supposedly exempted from medical benefits which may amount to fifty percent of the total health benefits. If there is a 0.01 alcohol found in the person’s test, he is stated to be positively intoxicated.
- The Case Of Unemployment – In case an employee is stated to be infected with alcohol with the permissible limits exceeding 0.04 as established in the employer’s policy, the employer has the right to withhold the salary of the guilty employee. This is in accordance to CRS sec. 8-73-108(5) (e) (IX) (IX.5).
- Who Is To Be Tested – There is no restriction on the number of people who are to be tested. Well, regardless of the status and position of the employee, the prescribed drug tests need to take place on a periodical basis.
- What’s The Best Time – To be very honest, there is no such thing as ‘the best time’ for conducting a drug related test in the state of Colorado. Hence, as and when you feel the need to start a drug test, the employer as well as the employee can do so and fulfill their basic tasks without involving a third party.