Tennessee Drug Laws

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

Do You Need To Pass A Drug Test In Tennessee?

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

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

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

There Are Four Major Drug Tests Given In Tennessee.

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 Tennessee.  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 Tennessee 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 Tennessee 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 Tennessee 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 Tennessee 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.

Tennessee Drug Laws For Employees.

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

Employees must receive 60 days’ advance notice of testing policy, which must be conspicuously posted.

Tennessee Drug Laws. Tennessee
Statute of Order: Tennessee 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.
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 in eligibility 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 Tennessee Drug Law For Marijuana Possession.

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

Tennessee 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 Tennessee behind only alcohol and tobacco.  Marijuana is used by nearly 100 million Americans at one time or another with an equal cross-section of people in Tennessee 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.  Tennessee is no exception in its implementation of marijuana law.

Unlike alcohol, for which impairment is 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 complicated by the various types of drug testing available and the types of myths, half-truths and rumors that surround marijuana drug testing.

Tennessee Drug Laws For Employees.

Tennessee employers must drug test applicants and employees to qualify for discounts on their workers’ compensation premiums.   Like a number of other states, Tennessee has a drug-free workplace program regulating drug testing. Employers who establish such a program can qualify for a discount on their workers’ compensation insurance premiums.  However, employers must follow the state’s rules to get their discount.

Rules for Job Applicants in Tennessee.

A Tennessee employer that wants to qualify as a drug-free workplace must test applicants who have received a conditional offer of employment. More limited testing is allowed if it is conducted on the basis of reasonable classifications of job positions. For example, an employer that doesn’t want to test every job applicant could instead test only those applicants whose jobs would require potentially dangerous activities (such as operating heavy machinery or carrying a weapon).

An employer that requires drug tests must include notice, in its job ads and postings, that it requires drug testing.

Rules for Employees in Tennessee.

A Tennessee employer that wants to qualify as a drug-free workplace must test employees:

  • who are in safety-sensitive positions
  • following a workplace accident that results in injury
  • as part of a routine fitness-for-duty medical exam (if required by the employer’s policy)
  • as a follow-up to a required rehabilitation program, or
  • upon reasonable suspicion that the employee is under the influence. An employer that tests based on reasonable suspicion must document the behavior on which the suspicion is based within 24 hours or before the drug test results are released, whichever is earlier. The employer must give a copy of this documentation to the employee, upon request.

Employees have the right to explain or contest a positive result within five days. An employee may not be fired, disciplined, or discriminated against for voluntarily seeking treatment for substance abuse unless the employee has previously tested positive or has already been in a rehabilitation or treatment program.

Legal Claims Arising From Drug Testing.

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

State: Tennessee
Statute of Order: Tenn. Code Ann. §41-1-122
Covered Employers: State Dept. of Corrections.
Applicant Testing: Applicant testing not subject to restriction.
Employee Testing: Testing of Corrections Department employees authorized if there is reasonable suspicion of substance abuse. Employees who test positive subject to appropriate disciplinary action, but counseling and rehabilitation must be offered.
Conditions & Methods: Circulation to employee of a written summary of facts forming basis for suspicion and opportunity for explanation, plus confirmation of positive findings.
Testing Bullet Points:
  • Workplace drugs or alcohol testing programs are subject to applicable provisions of collective bargaining agreements and federal rules and requirements.
  • Generally, testing of employees for the unwarranted presence of alcohol may be performed only on the basis of reasonable suspicion. The only exception is for employees holding safety-sensitive positions, wherein employers are authorized to conduct alcohol testing at any occasion.
  • For Tennessee employers a minimum of 5% credit may be awarded on workers’ compensation insurance for drug-free workplace programs that comply with the rules of the division of workers’ compensation.
  • Injury or death due to intoxication or illegal use of drugs constitutes willful misconduct for which no compensation shall be allowed as per workers’ compensation regulations. An employee’s refusal to submit to a drug test gives rise to the presumption that the injury was caused by the use of drugs.
  • Other than applicant testing upon conditional offer of employment, alcohol or drug tests that may be required by the employer for a compliant drug-free workplace program include reasonable suspicion, routine fitness-for-duty, follow-up and post-accident tests.

The Tennessee Drug Law For Marijuana Possession.

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

Tennessee 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 Tennessee 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 Tennessee 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.  Tennessee 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 Tennessee Drug Test Laws.

  1. A Brief Overview – The state of Tennessee is a hybrid state wherein a few jobs require strict testing while others do not. Child care drivers and state contractors need to be tested on a regular basis. In case an employer volunteers to participate in a state incentive program, he/she needs to conduct medical tests as per the law.
  2. The Policy – A written policy is a perquisite and it contains the following points.
    • The type of drug and alcohol testing.
    • The consequences if the employee tests positive
    • A statement which entitles an employee to know more about this.
    • The procedures, consequences and random sampling.
  3. The Notice – There is no need for a written notice and the employee can conduct the test as and when he/she likes. In case he/she is participating in the voluntary drug free workplace program, the need for a written policy is considered a perquisite. Thee DFWP states that the employer needs to give a sixty day notice to his/her employees before conducting the test.
  4. The Costs Involved – In the case of a medical test, which includes drug or alcohol testing, the costs need to be bourne by the employer. In the case of the voluntary DFWP, the costs need to be bourne by the employer again.
  5. The Consequences Attached – As such there are no consequences attached for those who fall under the category of willful testing but those who choose to opt for the DFWP program need to understand that if an employee is injured due to his own neglect, the chances of his/her worker’s compensation being cancelled are rather high.
  6. Who All Are Eligible – Although there is no and fast eligibility criteria in the state of Tennessee, it needs to be noted that employees who are engaged in hazardous professions such as works contractors and child care transportation workers need to follow the DFWP laws.
  7. The DOT Rules – The voluntary drug free workplace testing requires the employers to follow the basic DOT rules. According to the rules, marijuana, cocaine, amphetamines, opiates and PCP are to be tested on a mandatory basis. In case the employer is not following the drug free program, he/she is free to do what he/she likes.
  8. The Applicants – After a conditional offer of employment, the employers must ask the employees to enroll for a drug free testing program. In case the employee is tested positive, the employer has the discretion of removing him/her from the assigned post.
  9. Routine Fitness For Duty – As a part of the routine fitness programs, the employers are asked to undergo regular fitness program. Programs mandated by the government agencies, volunteer employee health screenings and employee wellness programs can be exempted from this routine. – Collective Bargains Agreement
  10. Collective Bargains Agreement – According to voluntary DFWP program, “the application of the provisions of this chapter is subjected to the provisions of any applicable collective bargaining agreement.

Federal Laws On Drug Testing

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