Massachusetts Drug Law

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

Do You Need To Pass A Drug Test In Massachusetts?

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

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

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

There Are Four Major Drug Tests Given In Massachusetts.

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 Massachusetts.  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 Massachusetts 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 Massachusetts 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 Massachusetts 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 Massachusetts 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.

Massachusetts Drug Laws For Employees.

Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Massachusetts has not. Massachusetts legislation does not address drug testing in private employment.

However, the Massachusetts Supreme Court has issued a ruling on random drug testing in private employment. In Webster v. Motorola, the Court found that the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities and the employer’s interests. The Court found that a random drug test policy was valid as applied to an account executive who drove up to 25,000 miles per year for the employer. However, it was not valid as applied to a technical editor whose job did not involve national security or pose an immediate risk to health and safety. The editor’s right to privacy outweighed the employer’s interest in drug testing.

Legal Claims Arising From Drug Testing.

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

Massachusetts Drug Laws. Massachusetts
Statute of Order: Currently Not Available
Covered Employers: Currently Not Available
Applicant Testing: Currently Not Available
Employee Testing: Currently Not Available
Conditions & Methods: Currently Not Available
Testing Bullet Points:
  • Generally, drug testing is allowed for occasions of post accidents or for probable cause. Random drug testing is limited only to safety-sensitive positions according to a State Supreme Court decision.
  • A Massachusetts statute require that the costs incurred by a job applicant or employee for medical examinations required by the employer as a condition for new or continuing employment shall be reimbursed by the employer.
  • Drivers of commercial motor vehicles in Massachusetts are expected to undergo alcohol and drug testing when requested by a law enforcement officer for probable cause. Refusal to submit to alcohol or drug testing or a positive test result may disqualify the driver from operating a commercial motor vehicle for a period of 1 to 3 years. Succeeding infractions will result in being banned to drive a commercial motor vehicle for life.
  • Tank vessel owners and operators are required to have policies and procedures for alcohol and drug testing to ensure that their employees on duty are not under the influence of drugs and alcohol while within territorial waters of Massachusetts.
  • Workers’ compensation and unemployment benefits may be denied of an employee for deliberate misconduct in violation of the employer’s standard rules or enforced policy. For such purposes, a drug free workplace policy may be needed.

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 Massachusetts Drug Law For Marijuana Possession.

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

Massachusetts 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 Massachusetts 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 Massachusetts 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.  Massachusetts 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 Massachusetts Drug Test Laws.

  1. State Laws on Drug Testing  – The State of Massachusetts has taken the stance of limiting drug testing by private employers severely. This action is the result of case law by the State Supreme Court. Private employers are curtailed in who may be tested, when they may be tested, where testing is to occur and how testing is conducted and what substances may be tested for.
  2. Types of Drugs Under Massachusetts law  – The types of drugs that may be tested for by private employers are not specified therefore no testing can or must be done to determine abuse by the employee. The usual laundry list of drug types that could be tested are the same in Massachusetts as elsewhere, but the law doesn’t require or permit private employers in most cases to conduct workplace drug testing.
  3. Policy Disclosure   – Since employers are severely curtailed in the level and type of drug and alcohol testing that may be conducted, there is no mandated disclosure required under State law or regulations. Since so few employers are allowed to test, the disclosure mandate is not required.
  4. The Written Policy   – As with the disclosure regulations, private companies are not permitted to require drug testing of employees or prospective employees, therefore no written policy guidelines exist under Massachusetts law, statutes or regulations. Since employers are limited in the testing that can be done under State law, there is no mandate to set a policy for testing.
  5. Types of Drug Test   – For private employers, no regulations are on the record in Massachusetts regarding what type of drug and alcohol testing may be conducted for employees or prospective employees. Although the usage of drugs can be determined from a testing standpoint, the State has taken the approach of limiting any type of drug testing by private companies.
  6. Paying for Drug Tests   – The state law in Massachusetts provides for employer payment of all medical exams performed upon employees or prospective employees as a condition of employment. However, there is not yet a legal determination in Massachusetts as to whether a drug test is considered to be a medical exam and therefore covered under the above statute.
  7. Where Can Drug Tests Be Done?   – No regulations, statutes, laws or court decisions define the location where drug tests can be performed. Such tests could be performed in any certified SAMHFA facility with accurate results, but the State does not speak to the location of drug testing.
  8. Mandatory Testing   – Private companies in Massachusetts are limited to workplace testing only on individuals in safety sensitive positions.
  9. When Can Drug Testing Be Done?   – Random testing for drug usage is even more strictly limited. It can only be done if the employee is in a position that has the potential for safety issues to other employees or to the general public.
  10.  Testing Positive – Again, there is no provision under Massachusetts law, statutes or regulations for results of a positive drug screening test. The issues are not addressed under law or in the decisions of the courts.

Federal Laws On Drug Testing

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