Texas Drug Laws
We are going to explore two aspects of Texas drug laws and the information necessary to learn how to pass a drug test in Texas.
Learning The Basics Of Texas Drug Laws.
First, we are not attorneys and can not provide specific advice on the Texas Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Texas drug laws.
Second, for those of you who are concerned with those Texas Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Texas.
There Are Four Major Drug Tests Given In Texas.
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 Texas.
Texas Drug Laws For Employees.
Texas statutes don’t prohibit or restrict drug testing in employment. Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Texas has not. Texas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don’t run afoul of other legal protections.
Legal Claims Arising From Drug Testing.
Have you been illegally asked or required to take a drug test in Texas? Even though Texas 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 Texas Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Texas 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 Texas Drug Laws.
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The Texas Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in TexasAre For Breaking Texas Drug Laws For Marijuana, Not Federal Or Local Laws.
Texas 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 Texasbehind 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 Texasusing 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. Texasis 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 Texas Drug Test Laws.
- Texas Laws for Drug Testing – Texas law states that if a business wishes to take part in the workers’ compensation system and has over 15 employees than that employer shall formulate a policy for drug abuse prevention. Otherwise there is no state law or ordinance that mandates how a company must conduct their drug-testing program.
- Types of Drugs– Texas has no state laws that require certain types of drugs be tested for. Alcohol, marijuana, barbiturates and many more can all be tested at the whim of an employer. There is no limitation for private or public companies as to what they can test for.
- Company Disclosure – State law does require that each employee, on the first day of hire, be presented with a written drug abuse and testing policy. However no company, private or public, is required to post their policy in any public area on company grounds.
- Written Policy– For those companies taking part in the workers’ compensation program there must be a written policy. The policy must included the following items:
- The purpose of the drug abuse policy must be explained in a coherent and easy to understand statement.
- The policy must list the types of drugs that will be tested for such as alcohol, illegal drugs, drugs that are huffed or inhaled and even prescription drugs if the company chooses.
- The policy must include and consequence for those who are caught or who test positive using drugs that are not allowed per company policy.
- The policy must include information on drug and alcohol treatment programs available and whether these programs are covered by the employers’ health insurance.
- Finally the policy must describe the drug testing the employer conducts to test for use and abuse.
- Types of Drug Testing– Texas state law does not require any particular form of drug testing be conducted. The employer can choose the type of drug testing they prefer be it the standard urine test or the more sophisticated hair sample or blood test.
- Who Pays– There is not statute that states the employer or the employee must pay for the drug testing. As standard practice the employer will foot the bill for the drug test.
- b- There is no law or ordinance in Texas stating drug testing must take place at a hospital, laboratory, or doctor’s office. It is up to the employer to decide where the want to send their employees for drug and alcohol testing.
- Mandatory Drug Testing– Texas state law does not demand any particular employee be tested for drug and alcohol use. Not even those individuals involved with public safety or who perform dangerous tasks are required to be tested for drugs.
- When Should Drug Testing Occur?– It is up to the company as to when they decide to perform employee drug testing. Most employers will conduct drug-testing prior to an employees first day on the job but this is not a state law.
- Testing Positive– Companies that participate in the workers’ compensation program must disclose any consequences set forth by the company if drug or alcohol use is confirmed. However there is no law or ordinance stating how a positive test must be handled by a company. This is true for both public and private companies. There is one exception, if an employee has a commercial driver’s license and they do test positive they must be reported to the Department of Public Safety. And, anyone who falsifies a drug test can be prosecuted.