Maryland State Drug Testing Laws
Workplace Drug Testing Issues – Maryland State Laws
These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Workplace Drug Testing Laws in Maryland
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Drug Testing Issue
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Status
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Comments
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Instant or POCT Testing
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Restricted
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Pre-employment testing only, Employer must register with the State.
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Drug Panels
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Not restricted
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References Controlled Dangerous Substances
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Laboratory
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Certification required
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SAMHSA or CAP certification or licensure.
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Medical Review Officer
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Required in some testing events
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MRO must review positive results for applicant testing; highly recommended for all other testings.
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Random Testing
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No restrictions
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Post-Accident
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No restrictions
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Drug testing policies should limit post-incident testing to situations in which employee drug use cannot be ruled out as potentially contributing to the incident.
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Reasonable Suspicion
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No restrictions
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Oral Fluids
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No restrictions
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Hair Testing
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Restricted
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Pre-employment only
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Unemployment Denial
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Yes
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Reference misconduct in your policy, terminate. |
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Workers Comp Discount
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No
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Intoxication Defense
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Yes
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Medical Marijuana
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Yes
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No limits on employers; the law explicitly says no need to accommodate use at work.
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Recreational Marijuana
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No
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Report Driver DOT Positives
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No
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General Statute
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Title 17, subtitle 2, §17-214 & Regulations (Title 10, Ch. 10)
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Employers wishing to conduct workplace drug testing must follow state rules.
Workplace Drug and Alcohol Testing Statute - (Title 17, subtitle 2, §17-214) & Regulations (Title 10, Ch. 10)
Can an employer in Maryland discipline a medical marijuana patient who tests positive for marijuana? – Yes, if the requirements of state drug testing law are met.
Workers' Compensation intoxication defense to a claim exists. However, there is a presumption that intoxication or drugs did not cause the injury.
Maryland Occupational Safety and Health regulations require employers with safety-sensitive employees to undergo mandatory drug testing to meet DOT and Maryland drug testing regulations. The following positions are deemed safety-sensitive: crane operators, signal persons, riggers, and crane operator trainees.
Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication against a claim for compensation. State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and attorney when you have a positive post-accident test after an injury.
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State
and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design
of your actual substance abuse testing program and with any questions that follow.
View Individual State Law Summaries
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