Colorado Drug Laws

Colorado Drug Laws & How To Pass A Drug Test in 2018.  Whether you want the most current information on Colorado drug laws or you need to learn how to pass any drug test in Colorado, you have come to the right place.

Do You Need To Pass A Drug Test In Colorado?

Colorado Drug Laws And Regulations Are Tough.  This information has been specifically developed for those individuals in Colorado who are concerned with learning how to pass a drug test specifically in Colorado.

First, we are not attorneys and can not provide legal advice on Colorado Drug Laws And Regulations. This can only be done with an Attorney.  It is very important you seek professional advice skilled with the ins and outs of Colorado drug laws and those drug laws specific to your location in Colorado.  You need to make the choice of when and were to see legal advice.

Second, for those of you who are concerned with those Colorado Drug Laws being applied to you, we offer not only information to pass a drug test in Colorado, but specific information on various drug laws and regulations in Colorado.  In you live in Colorado and want to pass a drug test in Colorado, you need this information.

There Are Four Major Drug Tests Given In Colorado.

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 Colorado.  We will also provide information on how to detoxify your body completely and permanently.

How To Pass A Drug Test For Urine.How To Pass A Drug Test For Urine.  The Urine Drug Test is the most common due to its simplicity to administer, accuracy and immediate results according to Colorado drug laws.  The urine drug test is also the easiest to beat.

How To Pass A Drug Test For Saliva.How To Pass A Drug Test For Saliva.  The Saliva Drug Test can be given at anytime, anywhere and by anyone according to Colorado drug laws. The saliva drug test results are also very accurate and immediate.

How To Pass A Drug Test For Hair.How To Pass A Drug Test For Hair.  The Hair Drug Test can detect drug usage in any hair that was growing anywhere on your body at the time you used the drug according to Colorado drug laws. You are at risk for at least 90 days from your use.

How To Pass A Drug Test For Blood. How To Pass A Drug Test For Blood.  The Blood Drug Test is very accurate and must be given by a heath care professional according to Colorado drug laws. It is most often given by insurance companies or law enforcement.

How To Detoxify Your Body Completely.How To Detoxify Your Body Completely.  If you have 5 days you can detoxify your body completely and permanently.  You can be toxin free until you choose to reintroduce new ones.

Colorado Drug Laws For Employees.

Colorado Drug Laws allow drug testing in certain situations as long as the employer follows the procedural rules.  Colorado 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.  Colorado 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 test in Colorado?  Even though Colorado 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 Colorado Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Colorado 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 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 Colorado Drug Laws.

Colorado Drug Laws. Colorado
Statute of Order: Colorado 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:
  • All costs of required drug testing and confirmation are to be paid by the employer. Any additional costs (i.e. retesting) not required by the employer are payable by the employee or job applicant.
  • Limited testing of job applicants are allowed under the program subject to reasonable classifications of job positions.
  • There are no prohibitions on random testing and other lawful testing procedures.
  • There are no limits to disciplinary action in the case of positive confirmed test results. Employer’s policy must specify any such action which may include ineligibility to workers’ compensation and unemployment benefits.
  • An employer may provide an employee assistance program. If the employer does not provide an employee assistance program, a resource file of employee assistance providers must be maintained. Information and access to such programs and resources must be made known to employees.
  • The employer must provide an education program on substance abuse in general and particularly its effects on the workplace. The education program shall be conducted semi-annually and shall run for one hour. Supervisors shall have an additional 2 hours of training which includes, but is not limited to, recognizing signs of employee substance abuse and the actions that may be taken.

Federal law doesn’t have much to say about drug testing except for certain employers such as transportation, nuclear energy, and military contracting industries that are heavily regulated by the federal government.   Many states or even some local governments often do regulate drug testing. For a more comprehensive look at Federal, State or Local Drug Testing Laws see Workplace Drug Testing Laws.

The Colorado Drug Law For Marijuana Possession.

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

Colorado 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 Colorado 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 Colorado 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.  Colorado 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 Colorado Drug Test Laws.

  1. Lack Of Fixed Laws – There are no fixed laws in the state of Colorado and if you feel the need to opt for a drug testing policy, you need to take that extra initiative. Colorado is an open state with no state law as such. Hence, you need to directly address and limit your workplace testing. The state limits the concept of testing.
  2. Nature Of The Policy – The state of Colorado does not require a written policy. Contrary to the state laws, the city of Boulder does require a written policy. At the same time, it is interesting to note that in the case of workers compensation and employment purposes, the need for a written policy is a must.
  3. The Need For Notice – The state of Colorado does not require any postings and hence an applicant’s prior permission is not essential to complete the testing process. At the same time, the city of Boulder does require an applicant’s notice.
  4.  The Overall Costs – The tests, with special regards to the drug tests, need to be born by the employer. Likewise, no court of law has determined whether the drug or testing method is even considered a valid medical examination.
  5. Consequences – As far as the consequences are concerned, that can be taken care of by mutual understanding between the employer as well as the employee. No limits exist under the state law or court decision.
  6.  The Boulder Ordinance 5195 Limits Testing – The city of Boulder Ordinance 5195 limits testing (no random) and imposes certain administrative rules. These rules can be read in detail through the means of numerous websites.
  7. Workers Compensation – As per the rules of the state there is a fifty percent reduction on the non medical benefits. If the worker is found intoxicated with alcohol, he/she is supposedly exempted from medical benefits which may amount to fifty percent of the total health benefits. If there is a 0.01 alcohol found in the person’s test, he is stated to be positively intoxicated.
  8. The Case Of Unemployment – In case an employee is stated to be infected with alcohol with the permissible limits exceeding 0.04 as established in the employer’s policy, the employer has the right to withhold the salary of the guilty employee. This is in accordance to CRS sec. 8-73-108(5) (e) (IX) (IX.5).
  9. Who Is To Be Tested – There is no restriction on the number of people who are to be tested. Well, regardless of the status and position of the employee, the prescribed drug tests need to take place on a periodical basis.
  10. What’s The Best Time – To be very honest, there is no such thing as ‘the best time’ for conducting a drug related test in the state of Colorado. Hence, as and when you feel the need to start a drug test, the employer as well as the employee can do so and fulfill their basic tasks without involving a third party.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the Colorado Drug Test Laws.  Their are specific and rather complex guidelines that Health And Human Services have published entitled Mandatory Guidelines for Federal
Workplace Drug Testing Programs.  Please review this information if you feel it is appropriate in addition to the Colorado Drug Laws.

Federal Government Overview Of Drug Testing.

If you review the attached Federal Government / CDC Resource Guide you will know what the people giving the tests are trained to look for and the information they have as an instruction booklet.  This would be in addition to the information what you have learned specifically about the Colorado Drug Laws.