Kansas Drug Laws
We are going to explore two aspects of Kansas drug laws and the information necessary to learn how to pass a drug test in Kansas.
Learning The Basics Of Kansas Drug Laws.
First, we are not attorneys and can not provide specific advice on the Kansas Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Kansas drug laws.
Second, for those of you who are concerned with those Kansas Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Kansas.
There Are Four Major Drug Tests Given In Kansas.
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 Kansas.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Kansas? Even though Kansas 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 Kansas Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Kansas 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 Kansas Drug Laws.
|Statute of Order:||Kan. Gen. Stat. Ann. §75-4362|
|Covered Employers:||State government.|
|Applicant Testing:||Testing authorized of applicants for safety-sensitive jobs in state government after a job offer has been made. Advertisements for safety-sensitive jobs must include notice of drug testing requirement.|
|Employee Testing:||Testing authorized of state employees holding safety-sensitive jobs and individuals taking office as governor, lieutenant governor, or attorney general, but only if there is reasonable suspicion of substance abuse, as evidenced by a workplace accident or medical emergency that could be attributed to drug use, by direct observation of impaired performance, by information that the employee is using drugs, or by physical signs of on-the-job drug use. Employee testing positive for the first time must have opportunity to undergo drug evaluation and recommended treatment.|
|Conditions & Methods:||Confidentiality of test results.|
|Testing Bullet Points:||
The Kansas Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Kansas Are For Breaking Kansas Drug Laws For Marijuana, Not Federal Or Local Laws.
Kansas 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 Kansas 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 Kansas 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. Kansas 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 Kansas Drug Test Laws.
- Who Gets Tested – In Kansas, there are no requirements of any particular group in class to be provided with testing for alcohol; or drug abuse. when employers choose to test employees, it must be done in a licensed facility. Only results obtained by a person licensed to collect and process samples are accepted as positive results.
- Types of Drugs – Kansas does not specify which types of drugs or alcohol abuse must be tested for. The usual drugs that are included in a test for substance abuse include marijuana, cocaine, methamphetamines and others that would impair the ability of the employee to successfully perform the duties of the position.
- Company Disclosure – Kansas employers are not required to disclose the fact that they require drug testing as an element of the hiring or continuance of the employee in the position. Any posting of information about the practice is voluntary on the part of the employer.
- Written Policy – For the purposes of workers compensation laws and for unemployment purposes, employers are required to have a written policy in place, but the law in Kansas does not require a written policy otherwise. Since many companies take part in workers compensation laws, a written policy is common amongst Kansas employers.
- Test Types – Kansas law does not specify the type of test that must be conducted, only how the biological specimens must be handled. The acquisition of the specimens for testing must be done by a person or firm that holds a license to do so under state law.
- Drug Test Fees – Employers are required to pay the costs of all medical examinations under Kansas law. However, no decision exists as to whether or not How To Pass A Drug Test In Kansas is considered to be a medical examination.
- Who Must Be Tested – No specification as to which employees or workers must be tested exists in Kansas. Conversely, no limitation exists upon who employers may determine to test for drug or alcohol abuse.
- Where Does Testing Take Place – According to Kansas state law on how to pass a drug test, pass a drug test all testing must be done within the confines of approved laboratories, hospitals or clinics and handled according to precise standards. However, there is a legal opinion in place stating that employers are not bound by the law and may instead use on site testing for employees so long as the testing and handling procedures follow state law.
- Is there a Set Time for Drug Testing? – The law in Kansas doesn’t mandate when drug testing must be done. For those employers who require substance abuse testing, the company policy applies, so long as the expectation is reasonable.
- What Happens if the Test is Positive? – If an employee tests positive for a drug, or refuses to take the test, Kansas state law and Supreme Court decisions provide for limitation or refusal of unemployment benefits and for unemployment benefits refusal. Employees under the influence of a substance which impairs their ability to do the duties of the position lose their rights for workers compensation or unemployment benefits if injured or terminated.