Mississippi Drug Laws

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

Do You Need To Pass A Drug Test In Mississippi?

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

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

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

There Are Four Major Drug Tests Given In Mississippi.

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 Mississippi.  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 Mississippi 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 Mississippi 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 Mississippi 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 Mississippi 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.

Mississippi Drug Laws For Employees.

Mississippi allows employers to require applicants and employees to take drug tests in certain circumstances, as long as the employer follows required rules and procedures

Drug Testing for Mississippi Applicants.

Mississippi employers are not required to drug test employees. Drug testing may be required:

  • based on reasonable suspicion of drug use
  • as part of a routinely scheduled fitness-for-duty medical examination
  • as a follow-up to a rehabilitation program, or
  • if an employee has tested positive within the past 12 months.

Drug testing may also be required on a neutral selection basis.

An employer may not discharge or take any adverse action against an employee on the basis of an initial positive test result that has not been verified by a confirmation test. The employer must inform the employee, in writing, within five days after receiving a positive confirmed test result. The employee has the right to request and receive a copy of the test result report. After receiving notice, the employee has ten working days to explain the positive test result.

Employers must give employees notice 30 days before implementing a testing program.

Drug Testing for Mississippi Employees.

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

Mississippi Drug Laws. Mississippi
Statute of Order: Miss. Stat. §71-7-1 et seq.
Covered Employers: Public and private employers.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Employee testing authorized on reasonable suspicion of substance abuse, in connection with rehabilitation or treatment, as part of routine physical exam, or if collective bargaining agreement authorizes random testing. Discharge authorized if employee tests positive or refuses test.
Conditions & Methods: Advance written notice of test, documentation showing chain of custody, and opportunity for employee to explain positive findings. Confidentiality of test results.
Testing Bullet Points:
  • An employee or job applicant required to undergo drug or alcohol testing must be made aware of the employer’s drug testing policy and may be requested to sign a statement that the policy has been read and understood by the employee. Refusal to sign the statement does not prohibit the employer from taking appropriate action nor does it invalidate the results of any tests conducted.
  • Mississippi employers are not to be held liable for any cause of action arising from the drug or alcohol testing program that is compliant with the provisions of the law or an employer’s failure to establish such a testing program.
  • Employees of the Department of Corrections are required to undergo mandatory drug testing. Random testing is permitted in this case.
  • The Drug Free Workplace Workers’ Compensation Premium Reduction Act provides compliant employers with a certification for a 5% discount on workers’ compensation premium for a drug free workplace policy that is in accordance with the Act. The policy must include an employee assistance program or an accessible resource of employee assistance providers and an annual 1-hour employee education with an additional 2-hour training for supervisors.

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 Mississippi Drug Law For Marijuana Possession.

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

Mississippi 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 Mississippi 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 Mississippi 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.  Mississippi 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 Mississippi Drug Test Laws.

  1. Mississippii – Mississippi is a Voluntary State. Employers seeking financial benefits under the State Law will pursue the state Law while others will follow the common Law.
  2. Insurance premium discount – Employers pursuing the State Law shall be entitled to a 5% discount on ‘workers’ compensation insurance’ premium. The eligibility conditions are laid down by the state and the insurance carrier provides the discount, subject to compliance with those conditions. Employers who are self employed are also entitled to this credit.
  3. Policy – A written policy should be issued to every applicant/employee. The minimum content of the policy should be:
    • A statement on the existence of the state law on drug testing
    • he grounds for testing with the following mandatory statement:  The unlawful manufacture, sale, solicitation, distribution, possession with intent to sell, or distribute, or use of alcohol with other drugs is prohibited in the person’s workplace. “
    • A general statement outlining aspects of confidentiality.
  4. Medication disclosure form – An employee/prospective employee to be tested shall be provided with a ‘medication disclosure form’ to enable him disclose non prescription or prescription medications taken during the preceding 45 days and potentially capable of producing a positive result. The form shall be submitted directly to the laboratory and no person other the laboratory shall have access to the form and its contents.
  5. Costs – All costs are to the account of the employer except in cases where employee requests retest and/or treatment.
  6. Scope of Tests – Ten drugs have been identified under the scope of tests. These are: Cocaine, Marijuana Amphetamine, methaqualone, methadone, PCP, Opiates, barbiturates, propoxyphene, benzodiazepines, or the metabolites of any of these.
  7. Where to conduct the tests? – Every testing should conform to Federal Rules. However, employers not opting for state benefits can use on-site or instant kits.
  8. For Whom? – The required tests can be performed for Job Applicants, on grounds of reasonable suspicion that an employee has contributed or caused an accident at work due to substance abuse. Tests can be prescribed as part of a routine for ‘fitness for duty; program.
  9. Procedure for tests – Test method considered appropriate is Urine – for drugs, breath/saliva for initial alcohol tests and blood for confirming initial alcohol tests. The drug testing facilities must have certification from SAMHSA, CLIA or accreditation from CAP. The person tested will be given opportunity of recording relevant information. Information so recorded shall be factored in for sample analysis. Authority to receive and/or interpret test results lie exclusively with an MRO or a licensed physician.
  10. State Peculiarities – A minimum of one hour education should be provided to all employees covering disease model in respect of addiction to drugs and alcohol, dangers and effects of commonly occurring substance abuse at work place and Company’s policies on substance abuse at work place and treatment options available to employees. Supervisors shall be provided a minimum of 2 hours education annually, covering recognition of substance abuse by employees, documenting substance abuse signs, referring employees to treatment providers, and explaining to employees HMO/insurance coverage in such circumstances.

Federal Laws On Drug Testing

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