Mississippi Drug Laws
We are going to explore two aspects of Mississippi drug laws and the information necessary to learn how to pass a drug test in Mississippi.
Learning The Basics Of Mississippi Drug Laws.
First, we are not attorneys and can not provide specific advice on the Mississippi Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Mississippi drug laws.
Second, for those of you who are concerned with those Mississippi Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Mississippi.
There Are Four Major Drug Tests Given In Mississippi.
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 Mississippi.
Mississippi Drug Laws For Employees.
Mississippi allows employers to require applicants and employees to take drug tests in certain circumstances, as long as the employer follows required rules and procedures
Drug Testing for Mississippi Applicants.
Mississippi employers are not required to drug test employees. Drug testing may be required:
- based on reasonable suspicion of drug use
- as part of a routinely scheduled fitness-for-duty medical examination
- as a follow-up to a rehabilitation program, or
- if an employee has tested positive within the past 12 months.
Drug testing may also be required on a neutral selection basis.
An employer may not discharge or take any adverse action against an employee on the basis of an initial positive test result that has not been verified by a confirmation test. The employer must inform the employee, in writing, within five days after receiving a positive confirmed test result. The employee has the right to request and receive a copy of the test result report. After receiving notice, the employee has ten working days to explain the positive test result.
Employers must give employees notice 30 days before implementing a testing program.
Drug Testing for Mississippi Employees.
Have you been illegally asked or required to take a drug test in Mississippi? Even though Mississippi 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 Mississippi Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Mississippi 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 Mississippi Drug Laws.
|Statute of Order:||Miss. Stat. §71-7-1 et seq.|
|Covered Employers:||Public and private employers.|
|Applicant Testing:||Applicant testing not subject to restriction.|
|Employee Testing:||Employee testing authorized on reasonable suspicion of substance abuse, in connection with rehabilitation or treatment, as part of routine physical exam, or if collective bargaining agreement authorizes random testing. Discharge authorized if employee tests positive or refuses test.|
|Conditions & Methods:||Advance written notice of test, documentation showing chain of custody, and opportunity for employee to explain positive findings. Confidentiality of test results.|
|Testing Bullet Points:||
The Mississippi Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Mississippi Are For Breaking Mississippi Drug Laws For Marijuana, Not Federal Or Local Laws.
Mississippi 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 Mississippi 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 Mississippi 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. Mississippi 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 Mississippi Drug Test Laws.
- Mississippi – Mississippi is a Voluntary State. Employers seeking financial benefits under the State Law will pursue the state Law while others will follow the common Law.
- Insurance premium discount – Employers pursuing the State Law shall be entitled to a 5% discount on ‘workers’ compensation insurance’ premium. The eligibility conditions are laid down by the state and the insurance carrier provides the discount, subject to compliance with those conditions. Employers who are self employed are also entitled to this credit.
- Policy – A written policy should be issued to every applicant/employee. The minimum content of the policy should be:
- A statement on the existence of the state law on drug testing
- he grounds for testing with the following mandatory statement: The unlawful manufacture, sale, solicitation, distribution, possession with intent to sell, or distribute, or use of alcohol with other drugs is prohibited in the person’s workplace. “
- A general statement outlining aspects of confidentiality.
- Medication disclosure form – An employee/prospective employee to be tested shall be provided with a ‘medication disclosure form’ to enable him disclose non prescription or prescription medications taken during the preceding 45 days and potentially capable of producing a positive result. The form shall be submitted directly to the laboratory and no person other the laboratory shall have access to the form and its contents.
- Costs – All costs are to the account of the employer except in cases where employee requests retest and/or treatment.
- Scope of Tests – Ten drugs have been identified under the scope of tests. These are: Cocaine, Marijuana Amphetamine, methaqualone, methadone, PCP, Opiates, barbiturates, propoxyphene, benzodiazepines, or the metabolites of any of these.
- Where to conduct the tests? – Every testing should conform to Federal Rules. However, employers not opting for state benefits can use on-site or instant kits.
- For Whom? – The required tests can be performed for Job Applicants, on grounds of reasonable suspicion that an employee has contributed or caused an accident at work due to substance abuse. Tests can be prescribed as part of a routine for ‘fitness for duty; program.
- Procedure for tests – Test method considered appropriate is Urine – for drugs, breath/saliva for initial alcohol tests and blood for confirming initial alcohol tests. The drug testing facilities must have certification from SAMHSA, CLIA or accreditation from CAP. The person tested will be given opportunity of recording relevant information. Information so recorded shall be factored in for sample analysis. Authority to receive and/or interpret test results lie exclusively with an MRO or a licensed physician.
- State Peculiarities – A minimum of one hour education should be provided to all employees covering disease model in respect of addiction to drugs and alcohol, dangers and effects of commonly occurring substance abuse at work place and Company’s policies on substance abuse at work place and treatment options available to employees. Supervisors shall be provided a minimum of 2 hours education annually, covering recognition of substance abuse by employees, documenting substance abuse signs, referring employees to treatment providers, and explaining to employees HMO/insurance coverage in such circumstances.