Montana Drug Laws

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

There are two factors to our presentation concerning Montana Drug test laws.

  1. Learning the basics of Montana Drug Laws.  We are not attorneys and can not provide specific advice on the Montana Drug Laws.  It is very important you seek professional advice skilled in the ins and outs of Montana Drug Laws.
  2. We can provide information, strategies and advice on how you can pass a drug test In Montana quickly, effectively and legally.

To that end let’s tackle the passing a drug test issue first and your search shows that is how you probably arrived at Always Test Clean.

 

There Are Four Major Drug Tests Given In Montana.

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 Montana.

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

The Hair Drug Test can use any hair on your body, detect usage for at 90+ days and is the hard­est to beat.
The Saliva Drug Test can be given anywhere, is hard to beat and always requires a detox prod­uct to pass.

The Blood Drug Test is rare, has a short drug detec­tion time but is often given with a urine test.

 

You Can Permanently Detoxify Your Body In 5 Days.

Ever Clean can totally detoxify your body of all drugs, prescription medications and common toxins in just 5 short days.  You will always test clean until you reintroduce toxins.  It is your choice.

Ever Clean has been prescribed by many Health Professionals, In Montana, for general detoxification. It is a common off-the-shelf-product in the healthcare industry. You even see it in hospitals. Ever Clean’s ability to detoxify the body to pass any drug test is just a real nice side effect in which we all can take advantage. No one will know or care you have let Ever Clean detoxify your body.

Unlike other products specifically designed to fool a urine drug tests by adding all kinds of oddball and potentially dangerous chemicals, Ever Clean is all natural.


 HAIR DRUG TEST:  Ever Clean Can Not Help You For A Hair Drug Test.  You must use Ultra Clean Shampoo.

 

Products That Will Help Pass A Drug Test In Montana.

Always Test Clean has identified the best products available with literally millions sold worldwide over the years to help pass a urine drug test, hair drug test, saliva drug test, blood drug test or even a nicotine dug test.  Many right here in Montana.  We do not offer a confusing lists of similar products to pass your drug tests.  We only offer the tried and proven products we can be sure will help pass your drug test with confidence.

Choose The Product That Will Help Pass A Drug Test With Confidence In Montana.

Urine Drug Test

Find Out How Instant Clean Will Help Pass A Drug Test For Urine In Montana.

  • Free 12 Drug Test
  • Immediate Cleansing
  • Cleans All Urine

 

Hair Drug Test

Instant Clean To Pass A Drug Test For Hair In Montana.

  • For Any Length Hair
  • Hair Will Look Great
  • 3 Part Shampoo

Saliva Drug Test

Instant Clean To Pass A Drug Test For Saliva (Mouth Swab) In Montana.

  • Works Immediately
  • Tastes Great
  • Fits In Pocket

Blood Drug Test

Instant Clean To Pass A Drug Test For Blood In Montana.

  • Two Part System
  • Cleans All Blood
  • Works For Urine Too


 

Learn What They Don’t Want You To Know.

Know The Ins And Outs Of The Drug Testing Dilemma.  The science of drug testing is purposely loaded against you.  This is done by keeping the information you need to pass from you, while making passing a drug test sound way too complicated to beat.   To pass any drug test­ in not magic or complicated and it need not be based upon luck.  Following our advice will have a huge positive impact on your chances to pass any drug test.  It will also leave you knowing more about the your drug test than the testers.  Fol­low our advice and always test clean in Montana.

Here is a comprehensive list of simple and straight forward things to do and not do to pass your drug test in Montana.

Here you will find the most comprehensive list of drug detection times.  These are the drug detection times you can count on in Montana.

Did you know there are many legal medications, prescription drugs and foods that can cause you not to pass your drug test?

Some times you just need a local attorney.  You need some who understands the ins and outs of the drug laws in Montana.


 

Montana Drug Laws For Employees.

Montana Drug Laws

Montana Drug Laws

Montana employers may require certain employees and applicants to take drug tests.

Montana allows employers to drug test certain employees, if they follow the state’s rules and procedures. However, the drug testing law applies only to employees (including managers and supervisors) and applicants who work or will work in:

  • a hazardous work environment
  • a security position
  • a position that affects public safety or health
  • a position involving a fiduciary obligation to the employer, or
  • a position that requires driving.

Drug Testing for Montana Applicants.

Employers may require applicants to take drug tests as a condition of employment.  

Drug Testing for Montana Employees.

An employer may require an employee to take a drug test:

  • on reasonable suspicion that the employee is impaired
  • after the employee is involved in an accident that causes personal injury or more than $1,500 in property damage, or
  • as a follow-up to a previous positive test.

An employer may also conduct random testing, either by establishing a date when all employees will be tested or by contracting with a third party to create and administer a test program that includes:

  • an established calendar period when testing will take place
  • an established rate of testing within the period
  • a random selection process
  • the participation of all managerial employees in the pool to be tested, and
  • a signed statement from each employee confirming receipt of a written description of the testing process.

If an employee tests positive, the employer may require the employee to undergo treatment as a condition of continued employment. An employer can’t take any adverse action against an employee who tests positive (including requiring the employee to undergo follow-up testing) if the employee presents an explanation or medical opinion indicating that the positive result was not caused by illegal drug use. In this situation, the results must be removed from the employee’s record and destroyed.

An employer who wants to drug test must have a written policy in place, available for employees to review, 60 days before the employer begins testing. Any changes to the policy also require 60 days’ notice. 

Legal Claims Arising From Drug Testing.

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

Are You Facing Drug Testing In Montana?

Are You Facing Drug Testing In Montana?

Here are some examples:

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

State: Montana
Statute of Order: Mont. Code Ann. §39-2- 205 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Testing authorized of applicants for intrastate motor carrier jobs, for jobs in hazardous environments, or jobs that primarily involve security, public safety, or fiduciary responsibility.
Employee Testing: Employee testing authorized, including random testing, on reasonable belief of job impairment, after work-related accident causing injury or damage of $1,500 or more, or as part of regular physical exam for employees of intrastate motor carriers. Disciplinary action authorized if employee presents no reasonable explanation for positive findings.
Conditions & Methods: Advance written notice of testing procedure, confirming test in case of positive findings, and opportunity for employee to rebut positive findings.
Testing Bullet Points:
  • Drug and alcohol testing required of employees are at the employer’s expense. Time attributable to the testing program is considered to be part of regular work hours and all employees must thus be compensated accordingly.
    Montana Drug Laws

    Montana Drug Laws

  • An employee in violation of the employer’s policy may be sanctioned appropriately and required to participate in a suitable drug and alcohol treatment or rehabilitation program as a condition for continued employment. In such cases, periodic follow-up testing is allowed and may be required.
  • A positive test result must first be reviewed and certified by a medical review officer. A copy of the test report must be provided to the employee who shall be given the opportunity to rebut or explain the test results.
  • The employee may request for an additional confirmatory split-sample test conducted by an independent laboratory chosen by the employee. If the additional test comes up negative, the employer pays for the cost. Otherwise, the additional confirmatory test shall be at the expense of the employee.
  • Workers’ compensation benefits may be denied of an employee if the use of alcohol or drugs is the major cause of the workplace accident. However, if the employer had knowledge of the controlled substance use and failed to try and stop the employee’s use of alcohol or drugs, the ineligibility for benefits does not apply.
 

The Montana Drug Law For Marijuana Possession.

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

Federal And Montana Drug Test Laws On Marijuana.

Montana Drug Laws On Marijuana.

Montana 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 Montana 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 Montana 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.  Montana 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.

REFERENCE:

NOLO – Legal Encyclopedia – Montana Laws on Workplace Drug Testing.

Montana Drug Laws On Marijuana Possession.

Federal Laws On Marijuana Possession.

 

 

Overview Of Montana Drug Test Laws.

This Is But One Step In Learning To Pass A Drug Test.  For more information see How To Pass A Drug Test.

  1. Legal Stand – This is a necessary test in the mining industry and left to voluntary decision otherwise. Discounted programs are available for workers of other industry. A miner cannot refuse to undergo drug testing and inability clear the testing process involves suspension of certificate.
  2. Policy – Montana law does not dictate the need for a policy except in the mining industry where a policy is a necessity. The policy is also needed in organizations where the employers have chosen to volunteer for the discounted state scheme.
  3. Cost Of Testing – The law clearly states that the cost of a medical exam is to be borne by the employer. An applicant or employee can turn to legal recourse if asked to bear the cost. However, the law does not clearly include drug tests as part of the medical tests. Drug test cost is specified as payable in the laws pertaining to the mining industry.
  4. Positive Test Result – The law for the mining industry specifies suspension of certificate if the drug test returns positive. A workers compensation claim can also be refuted if the test is positive in another industry. If the miner is able to prove that the drug is being taken under licensed prescription, the positive result does not lead to suspension of certificates and legal action. If a SAMHSA lab and procedure conducts the test, the individual can be considered to have carried out misconduct and may lose any compensation benefits on account of the accident.
  5. Drug Specification – The law does not specify the drugs to be tested for the non-mining industry. In the mining industry, a 11-panel drug test is prescribed.
  6. Approved Agency – SAMHSA certified lab and procedures are required for carrying out drug tests for the mining industry. If a compensation claim is to be refuted, an approved laboratory must conduct all tests.
  7. Timing of Drug Tests – Law does not specify the timing of drug testing. If a mining accident has occurred, due to the presence of intoxicants in a miner’s system, an immediate drug test is required on the victims who have either caused or suffered in the accident.
  8.  Types of Jobs – A mandatory substance abuse testing and a rehabilitation program legally is specified for the mining industry. Other industries are free to choose the approach to the possible existence of substance abuse that might create workplace issues. While the law does not specify details, it takes a strong view of substance related accidents and endangering of lives in the mining industry.
  9. Substance Abuse Program – A miner who is undergoing a substance abuse program on a regular basis will not face suspension of the certificate. If the individual has not shown attendance in the program, suspension is possible.
  10. Method – The legal framework accepts federal DOT and SAMHSA procedures. In case of the mining industry, these procedures are necessary, in the other industries, these procedures are legally accepted for rebutting a compensation claim.