Alaska Drug Laws
We are going to explore two aspects of Alaska drug laws and the information necessary to learn how to pass a drug test in Alaska.
Learning The Basics Of Alaska Drug Laws.
First, we are not attorneys and can not provide specific advice on the Alaska Drug Laws. It is very important you seek professional advice skilled with legal advice that is familiar with the ins and outs of local Alaska drug laws.
Second, for those of you who are concerned with those Alaska Drug Laws being applied to you, we offer information on the major just four major drug tests one might be facing in Alaska.
There Are Four Major Drug Tests Given In Alaska.
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 Alaska.
Pass A Hair Drug Test.
Pass A Saliva Drug Test.
Pass A Blood Drug Test.
Alabama Drug Laws For Employees.
Like many other states, Alaska has laws that allow drug testing in certain situations, as long as the employer follows the procedural rules. Alaska employers may test job applicants for any job-related purpose, consistent with business necessity and the terms of the employer’s policy. An employer may decide not to hire an applicant who refuses to take a drug test.
Rules for Alaska Employees.
Alaska employers are allowed, but not required, to drug test employees. As for applicants, testing is allowed for any job-related purpose consistent with business necessity, including:
- to maintain productivity, safety, quality, or security
- as part of an accident investigation or an investigation of possible employee impairment, or
- on reasonable suspicion of drug use.
In addition, employers may conduct random drug testing.
Legal Claims Arising Alaska Drug Laws.
Have you been illegally asked or required to take a drug test in Alaska? Even though Alaska 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 Alaska Drug Laws And Procedures. Although an employer has the legal right to test, it must follow the state’s requirements. An Alaska 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 Alaska Drug Laws.
|Statute of Order:||Alaska State §23.10.600 et seq., §14.09.025|
|Covered Employers:||All employers, including school districts or regional educational attendance areas.|
|Applicant Testing:||Applicant testing not restricted. Positive results or refusal may be grounds for not hiring.|
|Employee Testing:||Testing authorized, including random testing, for job-related purpose, consistent with business necessity. Thirty days’ notice and a written policy statement must be given to employees. Discipline or discharge for positive test or refusal to submit to test. School bus drivers subject to random testing and discipline under separate provisions.|
|Conditions & Methods:||Confidentiality of test results. Confirming test in case of positive result. Opportunity to obtain results within 5 days and explain positive result within 10 days.|
|Testing Bullet Points:||
The Alaska Drug Law For Marijuana Possession.
The Vast Majority Of Drug Test Failures in Alaska Are For Breaking Alaska Drug Laws For Marijuana, Not Federal Or Local Laws.
Alaska 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 Alaska 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 Alaska 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. Alaska 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.