Montana State Drug Testing Laws

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • Regarding medical marijuana, employers are not required to accommodate use of marijuana even if it was legally recommended and used outside of work (Refer to Lance Carlson v. Charter Communication, Inc.).
  • Although in medical marijuana law, employers are not specifically mentioned, the law addresses licensing boards and the Montana Department of Labor and Industry stating that a legal medical marijuana patient cannot be penalized, denied any right or privilege for their status as a cardholder, use, or possession unless their use hinders their job-related performance and then he or she may receive penalties or discipline.
  • (Montana I-118 and I-190) With Montana I-118, Montana has passed a constitutional amendment to change the legal age for marijuana to 21. Montana I-190 outlines the system for legalized recreational marijuana.
    This bill does not appear to

    • require accommodation of recreational marijuana use at work.
    • restrict an employer from prohibiting an employee from working while under the influence.
    • prohibit an employer from taking adverse action against an applicant or employee for a violation of a drug testing policy.
    • prohibit an employer from disciplining an employee for working while under the influence.
  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.

Testing

  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.

Hiring/Termination

  • See Significant above.

Discipline

  • See Significant above.

Use/Possession

  • Smoking is permitted.
  • Consumption must be in private.
  • Operating a vehicle, aircraft, or boat while under the influence is illegal.
  • A driver who is shown to have reached or surpassed THC 5/ng is considered marijuana-impaired under law.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • It is illegal to operate a vehicle with blood levels of 5 ng/ml of THC or more. However, with evidence of impairment, a person can be convicted of DUI with less than that amount.
  • Montana has drug testing law with detailed restrictions with which an employer needs to comply if they are going to do drug testing, including definitions around subjected employees, policy, notice and testing requirements, training and education requirements, and more.
  • 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)
  • Montana Code Ann. 50-46-301 to 320 – Medical marijuana law
  • Lance Carlson v. Charter Communication, Inc. – Medical marijuana accommodation related
  • Montana I-190 – Recreational marijuana
  • Montana Code Ann. 39-2-205 to 211 – Drug testing law
  • Montana Code Annotated 61-8-401 – Drug driving related
  • Mont. Code Ann. 39-51-2303 – Unemployment related
  • Mont. Code Ann. 39-71-407 (5), (7) – Workers’ compensation related
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).