Maryland Drug Laws

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

Learning The Basics Of Maryland Drug Laws.  

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

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

 

There Are Four Major Drug Tests Given In Maryland.

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 Maryland.

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.

 
 

Maryland Drug Laws For Employees.

How To Pass A Drug Test Under Maryland Drug Laws.

Maryland law allow employers to drug test applicants and employees.   Maryland allows employers to require drug tests, if they follow the state’s procedures and rules.

Drug Testing for Maryland Applicants.

Maryland law allow employers to drug test applicants and employees.   Maryland allows employers to require drug tests, if they follow the state’s procedures and rules.

Drug Testing for Maryland Employees.

An employer may require employees to take drug tests for legitimate business purposes only.

An employer who requires drug tests must test samples at a certified laboratory. At the time of the testing, the employee may request the name and address of the lab. State law dictates the procedures for testing, confidentiality, and so on.

An employee who tests positive must be given:

  • a copy of the test results
  • a copy of the employer’s written testing policy
  • written notice of any adverse action the employer plans to take based on the results, and
  • a statement of the employee’s right to an independent confirmation test at the employee’s expense. 

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Maryland?  Even though Maryland 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 Maryland Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Maryland 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 Maryland Drug Laws.

State: Maryland
Statute of Order: Md. Code Ann. Health Gen. §17-214
Covered Employers: All employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized if supported by legitimate business reason.
Conditions & Methods: Testing only by certified laboratory. Confirming test after positive result at employee’s expense.
Testing Bullet Points:
  • An existing collective bargaining agreement with contrary provisions may prohibit an employer from conducting preliminary drug screening of job applicants.

    ATC Depot Has The Solutions For Passing A Drug Test Under Maryland Drug Laws.

  • Maryland’s Department of Mental Health and Hygiene is tasked with certifying laboratories that may conduct alcohol or controlled dangerous substance testing for employment purposes. Drug testing must be done by duly certified testing laboratories only.
  • The services of a medical review officer may be required for confirmed positive test results.
  • Maryland drug testing laws allow for the use of hair specimen for pre-employment purposes only. The hair sample must only be one and half inches long from the body and cannot be used for purposes other than for testing for presence of controlled dangerous substances.
  • In case of a confirmed positive test result, the employer shall provide the donor employee within 30 days a copy of the test results, a copy of the employers’ written policy, the employer’s written notice of intent to take appropriate action, and a statement of employee’s right to request independent retesting for verifying the initial confirmed results. The information may be given personally by the employer or via certified mail.
  • Employers pay for all employment required drug testing costs. For retesting, the donor employee pays the cost of the retest.
  • Workers’ compensation benefits may be denied if personal injury of employee is due to unprescribed use of a controlled substance.
 

The Maryland Drug Law For Marijuana Possession.

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

Federal And Maryland Drug Test Laws On Marijuana.

Maryland Drug Laws On Marijuana.

Maryland 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 Maryland 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 Maryland 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.  Maryland 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 Maryland Drug Test Laws.

  1. A Mandatory State – Maryland is a mandatory State in the sense that all drugs or alcohol tests come under the purview of the State Law for the same. Any employer who wishes to conduct tests must adhere to this law.
  2. Clearly Defined Written Policy – The employer must have a clear and defined ‘Policy’ that has been written down. Moreover, each and every employee of the employer must be provided with the written policy if the test has been confirmed as being positive.
  3. Notice to the Employee – If the employee or contractor or any other person tested by the employer has tested positive, then he or she has to be given a notice for the same through a certified mail or in person, within 30 days of the employer having received the positive test result from the lab.
  4. The Components of the Notice Given – The Notice given to the employee, contractor, or any other person must have the copy of the laboratory test results, the written policy of the employer regarding usage of drugs and other such substances and also written notice of any disciplinary action that the employer is thinking of taking against the concerned person. Along with these documents, the employer must also give the employee a copy of the various provisions as a party of the policy which would allow him/her the independent testing of the sample to verify the report of the lab test.
  5. The Associate Costs – All costs associated with Drug Testing are to be borne by the employer. However, in the event that the donor employee asks for a retest then the cost of this retest is to be borne by the employee.
  6. Where the Tests should be conducted – On-site testing is permissible under Maryland Drug Testing Law. For this, a registration fee of $ 50 is charged every 2 years. Also, all confirmatory tests must be conducted at either:
    •   Center for Medicare and Medicaid Services
    •   CAP Accredited Labs
    • Any Government Designated, Approved, or Certified Laboratory
  7. Consequences of a Positive Test Result – Firstly, the screening of all initial screen results must be confirmed. Positive results, if any, could affect the concerned person’s eligibility for various benefits that are a part of the Worker’s Compensation Law of the State of Maryland.
  8. Conducting the Tests – An HHS-certified lab must confirm all the tests. Hair testing is also allowed for applicants and all positive results must be confirmed by the lab must be reviewed by a Medical Review Officer. In Maryland, ‘retesting’ is considered to be a matter or right.
  9. When to Conduct Tests – There are no underlined specifications for the same. The exception is tests related to job applicants.
  10. Special Features – The State Law can be overridden by a collective bargaining agreement. Moreover, the employer must have proof of the qualification and training of the collector collecting the samples. All employers or agents using on-site testing or point-of-collecting tests must register themselves, for the same, with the State of Maryland.