North Carolina Drug Laws
We are going to explore two aspects of North Carolina drug laws and the information necessary to learn how to pass a drug test in North Carolina.
Learning The Basics Of North Carolina Drug Laws.
First, we are not attorneys and can not provide specific advice on the North Carolina Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local North Carolina drug laws.
Second, for those of you who are concerned with those North Carolina Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in North Carolina.
There Are Four Major Drug Tests Given In North Carolina.
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 North Carolina.
North Carolina Drug Laws For Employees.
North Carolina Drug Laws allow drug testing in certain situations as long as the employer follows the procedural rules. North Carolina employers with a drug-free workplace program must test employees in the following circumstances:
- after an accident resulting in lost work time.
- on reasonable suspicion of drug use (reasons for suspicion must be documented and made available to the employee on request).
- as part of a routinely scheduled fitness-for-duty medical examination.
- after the employee returns to work following rehabilitation for a positing drug test. Testing is not required if the employee entered rehab voluntarily, rather than after a positive drug test.
In addition, employers may conduct random drug testing as they see fit.
Notice and Procedural Rights for Employees.
An employer that conducts drug testing must post its policy and employees must have at least 60 days’ notice of the policy implementation. Employees who test positive have five days to contest or explain the result. North Carolina Drug Laws also require employers to use certain procedures for gathering specimens, testing, maintaining confidentiality and so on.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in North Carolina ? Even though North Carolina 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 North Carolina Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An North Carolina 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 North Carolina Drug Laws.
|Statute of Order:||North Carolina Code §25-5-330 et seq.|
|Covered Employers:||All employers.|
|Applicant Testing:||Testing authorized after applicant is given notice of drug-testing policy and a conditional offer of employment.|
|Employee Testing:||Testing authorized, including random testing and testing on reasonable suspicion, as part of fitness-for-duty exam, after on- the-job injury, or as follow-up to a rehabilitation program. Employees must receive 60 days’ advance notice of testing policy, which must be conspicuously posted.|
|Conditions & Methods:||Confirming test in case of positive result. Opportunity to contest or explain positive test within five days of receiving results.|
|Testing Bullet Points:||
The North Carolina Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in North Carolina Are For Breaking North Carolina Drug Laws For Marijuana, Not Federal Or Local Laws.
North Carolina 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 North Carolina 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 North Carolina 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. North Carolina 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 North Carolina Drug Test Laws.
- A Brief Overview – The state of North Carolina is considered a law abiding state, wherein if the drug and alcohol testing is to be conducted by the employer, it needs to be done so as per the state law. This lab-law state is also termed as a mandatory state. Nonetheless, the choice of conducting the tests lies completely in the hands of the employer.
- The Basic Policies – In the state of North Carolina there is no written policy as such but in case of an employment or a compensation purpose, a written policy is considered a perquisite. Likewise, in case the test results are positive, the need for a valid notice is essential.
- Costs And Consequences – It is interesting to note that no court of law has determined a drug or alcohol test as a medical examination, nonetheless, in the case of a medical examination; the cost of the procedures has to be bourn by the employer and not the employees. If the employer is found to be guilty and test results positive, he is eligible for disciplinary action as per the state laws.
- How Are The Tests Conducted – Prospective employees are eligible for on site tests. Likewise, current employees can be tested in an approved lab through the means of an instant testing device. Out here, you need to get conformation from the employee and the employer cannot charge a fee of more than $15 from the employee.
- The Reporting Procedure – In case an employee tests positive, it is the duty of the employer to submit the detailed report to the Divisions of Motor Vehicles within five days of receiving the notice. The CLD employee, who happens to be a driver, is then disqualified from using a CMV unless he/she is exempted under the DOT rules.
- State Peculiarities – You cannot, in the state of North Carolina, try and tamper the test result evidence in any way. Substitution and adulteration is considered a crime and is treated as a felony. Likewise if an employee is using drugs when he/she is off duty, they cannot be persecuted by the employers. If the employee is found intoxicated at workplace, he/she can be exempted from workers compensation benefits.
- Who All Can Apply For The Test – In accordance to the laws of North Carolina, only those workers who indulge in constructions purposes and are involved in security related assignments can be considered eligible for a mandatory drug test. Nonetheless, the tests need to be formatted in accordance to the state laws and laid down in accordance to the employee and employer relationship.
- When Can The Tests Be Conducted – There is no limitation on the tests and if an employer feels the need to associate him or herself with a state approved drug test, he/she needs to inform the employee well in advance. Although the tests can be performed at random, it needs to be noted that there is no restriction on the time limit.
- The Law Says – In accordance to the state law, the basic laws of the stat need to be followed while conducting the drug or alcohol tests.
- The Basic Facilities – The state of North Carolina suggests that it is the employer who is responsible to make all the necessary arrangements for the drug and alcohol tests.