Texas Drug Laws

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

Do You Need To Pass A Drug Test In Texas?

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

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

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

There Are Four Major Drug Tests Given In Texas.

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 Texas.  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 Texas 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 Texas 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 Texas 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 Texas 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.

Texas Drug Laws For Employees.

Texas statutes don’t prohibit or restrict drug testing in employment.  Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Texas has not. Texas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don’t run afoul of other legal protections.

Legal Claims Arising From Drug Testing.

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

Texas Drug Laws. TTexas
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:
  • Nevertheless, for employers seeking to adopt a policy for the elimination of drug abuse must abide by the provisions of the rule on Required Elements of a Drug Abuse Policy.
  • Motor carrier registration in the State of Texas requires for a certification that motor carriers are in compliance with the drug testing requirements of the State. Reportorial requirements for any confirmed positive tests from holders of commercial driver’s licenses are also in effect as per Department of Public Safety rules.
  • Employers are allowed, as per provisions under the Texas Labor Code dealing with the chapter on Employment Discrimination, to practice a policy prohibiting the employment of persons who currently uses or possesses a controlled substance.
  • Falsification of a drug test is an offense in Texas with the person committing the act of using substances or devices to falsify drug tests guilty of a Class B misdemeanor and those aiding or delivering substances intended to falsify the test for drugs guilty of a Class A misdemeanor.
  • Any employee claims for workers’ compensation insurance coverage may be denied for employee injuries in which the cause is due mainly to the employee being in a state of 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 Texas Drug Law For Marijuana Possession.

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

Texas 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 Texas 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 Texas 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.  Texas 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 Texas Drug Test Laws.

  1. Texas Laws for Drug Testing – Texas law states that if a business wishes to take part in the workers’ compensation system and has over 15 employees than that employer shall formulate a policy for drug abuse prevention. Otherwise there is no state law or ordinance that mandates how a company must conduct their drug-testing program.
  2. Types of Drugs– Texas has no state laws that require certain types of drugs be tested for. Alcohol, marijuana, barbiturates and many more can all be tested at the whim of an employer. There is no limitation for private or public companies as to what they can test for.
  3. Company Disclosure – State law does require that each employee, on the first day of hire, be presented with a written drug abuse and testing policy. However no company, private or public, is required to post their policy in any public area on company grounds.
  4. Written Policy– For those companies taking part in the workers’ compensation program there must be a written policy. The policy must included the following items:
    • The purpose of the drug abuse policy must be explained in a coherent and easy to understand statement.
    • The policy must list the types of drugs that will be tested for such as alcohol, illegal drugs, drugs that are huffed or inhaled and even prescription drugs if the company chooses.
    • The policy must include and consequence for those who are caught or who test positive using drugs that are not allowed per company policy.
    • The policy must include information on drug and alcohol treatment programs available and whether these programs are covered by the employers’ health insurance.
    • Finally the policy must describe the drug testing the employer conducts to test for use and abuse.
  5. Types of Drug Testing– Texas state law does not require any particular form of drug testing be conducted. The employer can choose the type of drug testing they prefer be it the standard urine test or the more sophisticated hair sample or blood test.
  6. Who Pays– There is not statute that states the employer or the employee must pay for the drug testing. As standard practice the employer will foot the bill for the drug test.
  7. b- There is no law or ordinance in Texas stating drug testing must take place at a hospital, laboratory, or doctor’s office. It is up to the employer to decide where the want to send their employees for drug and alcohol testing.
  8. Mandatory Drug Testing– Texas state law does not demand any particular employee be tested for drug and alcohol use. Not even those individuals involved with public safety or who perform dangerous tasks are required to be tested for drugs.
  9. When Should Drug Testing Occur?– It is up to the company as to when they decide to perform employee drug testing. Most employers will conduct drug-testing prior to an employees first day on the job but this is not a state law.
  10. Testing Positive– Companies that participate in the workers’ compensation program must disclose any consequences set forth by the company if drug or alcohol use is confirmed. However there is no law or ordinance stating how a positive test must be handled by a company. This is true for both public and private companies. There is one exception, if an employee has a commercial driver’s license and they do test positive they must be reported to the Department of Public Safety. And, anyone who falsifies a drug test can be prosecuted.

Federal Laws On Drug Testing

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