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Alabama State Drug Testing Laws

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

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Employer Concerns – Significant to Review

Significant

  • The only legal access to CBD (“Carly’s Law”) is with a prescription from a board-certified neurologist through the authority of the University of Alabama at Birmingham (UAB) Department of Neurology. Patients diagnosed with debilitating epileptic ailments by a certified neurologist may discuss using CBD oil as a treatment in certain municipalities.
  • “Leni’s Law” was subsequently passed providing an affirmative defense for possession of CBD oil “for specified debilitating conditions that produce seizures.”

 

Testing

  • (Alabama Code Chapter 13A-NEW) It is against the law to, “… knowingly manufacture, market, sell, distribute, use or possess synthetic urine or urine additives to defraud an alcohol, drug or urine screening.”

Hiring/Termination

Discipline

Use/Possession

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

Related to drug testing, workers’ compensation, unemployment in Alabama.

  • Alabama has a voluntary drug testing law which also provides a premium discount for compliance.
  • (Alabama Code Chapter 13A-NEW) It is against the law to, “… knowingly manufacture, market, sell, distribute, use or possess synthetic urine or urine additives to defraud an alcohol, drug or urine screening.”
  • There are unemployment and workers’ compensation laws in Alabama that contain their own drug testing requirements and which the employer’s program must be consistent with in order to position themselves for denying unemployment or workers’ compensation claims.
    • A confirmed positive drug test is considered conclusive presumption of impairment by illegal drugs. If the employer complies with Alabama’s unemployment law regarding the operation of a drug-free workplace, employees will be disqualified for unemployment compensation if their discharge was the result of illegal drug use, refusal to test, or attempts to manipulate the specimen.
    • No compensation shall be allowed for an injury caused by an accident due to the injured employee being intoxicated from the use of alcohol or being impaired by illegal drugs. A positive drug test shall be a conclusive presumption of impairment resulting from the use of illegal drugs.
  •  Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)

Sources (e.g., Bill Number, Authority)

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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