Maine State Drug Testing Laws

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • Does not have a list of conditions for which medical marijuana can be legally recommended. May be recommended simply because their medical professional thinks it would be helpful for the patient.

  • Does not require, (Maine Rev. Stat. Title 22 Ch. 558-C 2426) “An employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence (“impaired” as stated by Maine Department of Labor) of marijuana.”
  • An employer may establish policies and is not required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale, or cultivation of marijuana or marijuana products in the workplace. 

  • For employers, except those mandated under federal testing laws, Maine has mandatory laws with very strict details about drug testing protocols that will govern an employer’s responsibilities and operations around dealing with marijuana and drug testing. (Maine Department of Labor May 2018) “Employers that do continue to test for marijuana, or take disciplinary action for marijuana use, must comply with the Substance Abuse Testing Law, the Marijuana Legalization Act, the Maine Medical Use of Marijuana Act and the Maine Human Rights Act.”
  • According to Maine’s Department of Labor, an employer cannot refuse to hire based solely on the status of being a medical marijuana registrant or solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property.
  • According to Maine’s Department of Labor, an employer cannot discipline an employee based solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property. 

  • Bourgoin v. Twin Rivers Paper Co., 187 A.3d 10 (Me. 2018) may have relevant information for employers fighting a workers’ compensation claim by an employee for awards, and/or for coverage of treatment associated with medical marijuana. 

Testing

  • For employers, except those mandated under federal testing laws, Maine has mandatory laws with very strict details about drug testing protocols that will govern an employer’s responsibilities and operations around dealing with marijuana and drug testing. (Maine Department of Labor May 2018) “Employers that do continue to test for marijuana, or take disciplinary action for marijuana use, must comply with the Substance Abuse Testing Law, the Marijuana Legalization Act, the Maine Medical Use of Marijuana Act and the Maine Human Rights Act.” 

Hiring/Termination

  • According to Maine’s Department of Labor, an employer cannot refuse to hire based solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property. 

  • An employer cannot discriminate against an employee based on off-duty use.

Discipline

  • According to Maine’s Department of Labor, an employer cannot discipline an employee based solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property. 

  • May discipline employees who are under the influence at work (“impaired” as stated by Maine Department of Labor). 

Use/Possession

  • Only use in private residences is permitted. 

  • Smoking is permitted. 

  • May not smoke on public transportation or in a public space. 

  • May not be under the influence while operating a motor vehicle, aircraft, boats, or other named vessels. 

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • (Maine Department of Labor May 2018) “Employers that do continue to test for marijuana, or take disciplinary action for marijuana use, must comply with the Substance Abuse Testing Law, the Marijuana Legalization Act, the Maine Medical Use of Marijuana Act and especially concerning an individual with a disability as defined by the Maine Human Rights Act.”

  • As it relates to an employee’s entitlement of benefits, it is anticipated that there is a presumption of misconduct for unauthorized alcohol or marijuana use while on duty, but not for medical marijuana used in accordance with Maine’s laws.
  • Bourgoin v. Twin Rivers Paper Co., 187 A.3d 10 (Me. 2018) may have relevant information for employers fighting a workers’ compensation claim by an employee for awards, and/or for coverage of treatment associated with medical marijuana.
  • 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)
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).