Hawaii Drug Laws

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

Do You Need To Pass A Drug Test In Hawaii?

Hawaii Drug Laws & How To Pass A Drug Test in 2018. This information has been specifically developed for those individuals in Hawaii who are concerned with learning how to pass a drug test specifically in Hawaii.

First, we are not attorneys and can not provide legal advice on Hawaii 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 Hawaii drug laws and those drug laws specific to your location in Hawaii.  You need to make the choice of when and were to see legal advice.

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

There Are Four Major Drug Tests Given In Hawaii.

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 Hawaii.  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 Hawaii 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 Hawaii cut 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 Hawaii 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 Hawaii 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.

Hawaii Drug Testing Rules.

An employer in Hawaii who wants to drug test employees or applicants must provide advance notice of the testing. The notice must list the substances that will be tested for and must list the prescription and/or nonprescription medications that could cause a positive test result. The employer may not test for any substance that doesn’t appear on the list.

If the employer uses an on-site screening test, it must follow the instructions on the package. If an employee or applicant tests positive in an on-site test, the employer must direct the employee or applicant to go to a licensed laboratory, within four hours, for a follow-up test. If the employee or applicant doesn’t go to the lab, the employer can fire, refuse to hire, or take other adverse action against the employee, but only if the employer-provided written notice that:

  • The employer followed the required procedures for the on-site test.
  • The employee or applicant could refuse to take the test.
  • If the employee or applicant refused or failed to take the test, the employer could take adverse action.

Employers must pay all costs of drug testing, including the cost of confirming laboratory tests. Employers are also required to maintain the confidentiality of drug test results.

Legal Claims Arising From Drug Testing.

Have you been illegally asked or required to take a drug test in Hawaii?  Even though Hawaii 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 Hawaii Drug Laws And Procedures.  Although an employer has the legal right to test, it must follow the state’s requirements.  An Hawaii 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 Hawaii Drug Laws.

Hawaii Drug Laws. Hawaii
Statute of Order: Hawaii Rev. Stat. §329B- 1 et seq.
Covered Employers: All employers.
Applicant Testing: Testing authorized if applicant receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications. Testing required of civil service applicants for positions with city of Honolulu.
Employee Testing: Testing authorized if employee receives advance notice in writing of substances to be tested for and has opportunity to disclose current prescription and nonprescription medications.
Conditions & Methods: Methods to assure privacy for employee in collection of specimen and reliability of results, including confirming test in case of positive findings.
Testing Bullet Points:
  • Employers pay for all drug testing costs including confirmation tests.
  • On-site screening is permitted by law and must be conducted according to legislated rules. The instructions of the manufacturer of the DFA approved portable substance testing kit must be observed and the person tasked to administer the test has acquired proper training from the manufacturer.
  • An employer may not take adverse employment action against the employee or prospective employee based on a positive test result unless the provision for advance written notice has been satisfied. Furthermore, for on-site testing the employee or applicant must be required to report to a licensed testing laboratory for confirmation testing within four hours of the positive on-site test result.
  • Employees or applicants refusing or failing to undergo compliant drug testing and confirmatory tests is basis for an employer to take adverse employment action, provided that such action is included in the advance written notice given to the person involved.
  • There are specific cut–off levels for alcohol, marijuana and opiates. A result falling below the cut-off levels are marked negative regardless of the possible presence of such substances.
  • Anyone who willfully and knowingly violates Hawaii’s drug testing laws may be met with a fine of US$1,000 to US$10,000.
  • A Workers’ Compensation Premium Discount Program is in effect entitling compliant employers to at least 5% premium reduction for implementing effective safety and health programs. While not directly addressed to drug-free workplace initiatives, the law directs the Department of Labor and Industrial Relations to issue relevant regulations.
  • Workers’ compensation benefits may be denied to an employee if injury is by intoxication.

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 Hawaii Drug Law For Marijuana Possession.

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

Hawaii 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 Hawaii 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 Hawaii 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.  Hawaii 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 Hawaii Drug Test Laws.

  1. Mandatory State – Hawaii is a ‘mandatory’ state which implies that employers wishing to conduct drug or alcohol tests must comply with the State Law.
  2. Policy – The employer shall provide the individual who is to be tested, with a written policy outlining the substances intended to be tested, and a statement to the effect that Over-the-counter as well as prescribed medicines can result in the test becoming positive. A “medical disclosure” form should be provided to the employee.
  3. Notice to employee required – Before collecting samples, the individual to be tested shall receive a notice of the substances that are to be tested and a Medical disclosure form. The employee shall be advised in writing that information sought through the medical disclosure form can be furnished at the employee’s option. Further, the fact that he can retain custody of the form for review by an MRO during a review should also be advised.
  4. Constituent substances for testing – Marijuana, Cocaine, methadone, Amphetamine, PCP, barbiturates, opiates, methaqualone, propoxyphene, benzodiazepines, and metabolites corresponding to these substances have been identified as substances of abuse. However, the employer cannot test for a substance not figuring in the written statement furnished to the employee.
  5. Where to conduct the tests?  – For employees as well as applicants, on-site testing is permissible. Any other type of testing should be conducted only at a SAMHSA certified Lab. Blood tests may be permitted in rare cases but should be collected by qualified medical professionals. The definition of specimen is blood or Urine. However, the department may be authorized to issue necessary regulations in respect of breath tests relating to alcohol.
  6. Exception in case of pre-employment – On-site testing using device approved by FDA is permitted only in the case of pre-employment drug tests.
  7. Administering on-site screening test – On-site screening test for substance abuse must follow instructions contained in the package insert for the test. Positive Findings of the test shall not be used against the employee or a prospective employee without follow up action prescribed. When a positive finding is reported, the employee/prospective employee shall be required to report to a licensed laboratory within 4 hours. The cost of the referral should be borne by the employer. If the employee/prospective employee fails to report to the laboratory, punitive action can follow after a written intimation thereof.
  8. Test procedure to be complied in totality – In instances where all the procedure laid down for substance abuse test is not adhered to or adopted, the results obtained shall not reported or used in any manner whatsoever.
  9. Confidentiality – All test results are to be treated as confidential. Written consent from the individual who has been tested is necessary for making the results available even when legally called for. However, in the case of positive results, such information may be made available to those who are authorized to receive the information during the course of a legal procedure.
  10. Using an MRO – Employers opting for an MRO’s service must ensure that only an MRO licensed in HI is engaged.

Federal Laws On Drug Testing

The Federal Drug Laws can be confusing and even sometimes seem to be in conflict with the Hawaii 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 Hawaii 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 Hawaii Drug Laws.