Connecticut Drug Laws

We are going to explore two aspects of Connecticut drug laws and the information necessary to learn how to pass a drug test in Connecticut.

Learning The Basics Of Connecticut Drug Laws.  

First, we are not attorneys and can not provide specific advice on the Connecticut Drug Laws.  It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Connecticut drug laws.

Second, for those of you who are concerned with those Connecticut Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Connecticut.

 

There Are Four Major Drug Tests Given In Connecticut.

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 Connecticut.

Urine Drug Test Information.The Urine Drug Test is the most pop­u­lar, the least com­pli­cated and is by far the eas­i­est to beat.

Hair Drug Test Information.The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
Saliva Mouth Drug Test Information.The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.
The Best Blood Drug Test Information.The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 
 

Connecticut Law Allows Drug Testing Only In Certain Circumstances.

How To Pass A Drug Test Under Connecticut Drug Laws.

Connecticut Drug Laws & Penalties

Like many other states, Connecticut has laws that allow drug testing in certain situations, as long as the employer follows the procedural rules.

Rules for Job Applicants in Connecticut.

Connecticut employers may (but don’t have to) require applicants to take a drug test as a condition of employment. The employer must inform applicants, in writing, if drug testing will be required. If the applicant fails the test, the employer must provide a copy of the test results. An employer may refuse to hire an employee who will not submit to a drug test.

A former employee who reapplies may not be subjected to applicant testing unless the former employee has been away from the job for at least one year. Otherwise, the former employee is subject to the rules for employees, below.

Rules for Connecticut Employees.

An employer in Connecticut may require an employee to take a drug test when there is a reasonable suspicion that the employee is under the influence of drugs, and the employee’s job performance is or could be adversely affected.

Random drug testing is allowed only if:

  • testing is required by federal law (For example, because the employer is a defense contractor)
  • the employee’s position has been designated high risk or safety sensitive by the state labor department
  • the employee drives a school bus or other student transportation vehicle, or
  • the employee has voluntarily consented to the testing as part of the employer’s employee assistance program (EAP). 

 

Rules for Connecticut Employees.

 

A Connecticut employer may not directly observe employees giving urine specimens.

An employer also may not fire or take any other adverse personnel action against an employee on the basis of a single positive test unless the positive result has been confirmed in a second test.

Notice and Procedural Rights for Employees in Connecticut.

A Connecticut employer may not directly observe employees giving urine specimens.

An employer also may not fire or take any other adverse personnel action against an employee on the basis of a single positive test unless the positive result has been confirmed in a second test.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Connecticut?  Even though Connecticut 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.

Learn To Pass A Drug Test With Always Test Clean.

Here are some examples:

  • Violation of Connecticut Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  A Connecticut 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 Connecticut Drug Laws.

State: Connecticut
Statute of Order: Conn. Gen. Stat. §31-51t et seq., §14-261a et seq., §14-276a
Covered Employers: All private employers.
Applicant Testing: Testing authorized if applicant is informed in writing beforehand. Former employees may not be tested unless they have been away from the job for at least 12 months. Testing required to certify school bus drivers.
Employee Testing: Testing authorized on reasonable suspicion of substance abuse; random testing authorized of employees in safety-sensitive jobs. Testing required for intrastate truck drivers after a reportable accident, upon reasonable cause, or at random under federal law. Discipline or discharge authorized for employees who test positive.
Conditions & Methods: Confirming test in case of positive findings, privacy for employee in collection of specimen, and confidentiality of test results.
Testing Bullet Points:
  • The State Labor Commissioner is tasked with setting which are high-risk and safety sensitive positions authorized for drug testing.
    Connecticut Drug Laws

    Connecticut Drug Laws

  • Random urinalysis drug testing may be permitted only on a per individual request basis which must then be approved by the State Labor Commissioner.
  • All testing must be conducted within certified testing laboratories only. Confirmation screening of an initial positive result is a requirement. The confirmatory urinalysis drug test must be done by another independent laboratory using gas chromatography and mass spectrometry methods.
  • Employees may be tested for evidence of substance abuse if the employee voluntarily agrees to participate in an employer sponsored or authorized employee assistance program.
  • Unemployment benefits and workers’ compensation benefits, which would otherwise be due to the employee, may be denied as a result of employee’s use of narcotics of for violating employer’s drug-testing policy.
  • Connecticut labor code dictates that collective bargaining agreement provisions must fully comply with existing laws.
 

The Connecticut Drug Law For Marijuana Possession.

The Vast Majority Of Drug Test Failures in Connecticut Are For Breaking Connecticut Drug Laws For Marijuana, Not Federal Or Local Laws.

Federal And Connecticut Drug Test Laws On Marijuana.

Connecticut Drug Laws On Marijuana.

Connecticut 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 Connecticut 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 Connecticut 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.  Connecticut 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 Connecticut Drug Test Laws.

  1. A General Tip – The state of Connecticut, with special regards to the laws against drug testing is considered hybrid in nature. There are no mandatory rules which need to be followed while conducting drug and alcohol tests within the state.
  2. The Policy And Notice – At the time of the test, the employee on whom the test is supposed to be conducted needs to be given a written application. Hence, the employer’s intent to conduct a drug test is in accordance to the written notice.
  3. Who Is Applicable For The Test – This test is applicable to each and every employee, with special regards to those who are habitual of taking their jobs rather casually. Excluding federally mandated tests, all other tests pertaining to drug and alcohol are done within the state jurisdiction and in accordance to the laws.
  4. The Venue – Drug related tests need to be conducted in a valid laboratory. The labs need to be approved by the state authorities and hence the screening methods are scientifically reliable in nature.
  5. The Limit And The Cost – Drug related tests in the state of Connecticut are always conducted through the means of approved labs but the upper limit which would qualify the intake as illegal has not been specified. Likewise, the cost has also not been specified.
  6. The Permitted Tests – Even before a drug related test is conducted in the state of Connecticut, the employer is bound by law to convey the same to the employee. It has to be explained to the employee that his/her job performance can be under scanner if he/she is under the influence of alcohol. Safety sensitive and high risk jobs may be tested if approved by the employer.
  7. How To Conduct Tests – All tests must be conducted utilizing a reliable methodology. The positive test results are conducted through the means of a second urinalysis drug test. This test is separate from the initial test and involves a gas chromatography and mass spectrometry methodology.
  8. Related Observations – No direct observations are allowed in the stat of Connecticut. The test results are determined by the commissioner of public health. He then checks and re checks the tests for their reliability. The results thus granted are treated as final and have to be accepted by both the parties. There is also no specific time limit for the tests and they can be performed as and when the employer feels their need.
  9. The Law – The law states that the collective bargaining agreements must comply with the law. An individual, regardless whether he/she is an employer or an employee, does not exercise the right to perform a test without prior consent.
  10. Job Functions – Certain jobs such as bus drivers, commercial drivers, forklift operators, mechanics and other workers, are supposed to be checked on a random basis. These jobs are also considered as high-risk jobs and the need for drug related tests is considered a healthy option.