Utah State Drug Testing Laws

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • (Utah SB 121) “Nothing in this section requires a private employer to accommodate the use of medical cannabis or affects the ability of a private employer to have policies restricting the use of medical cannabis by applicants or employees.”
  • Private employees are subject to their employers’ policies, which may include zero-tolerance for cannabis and/or drug testing.
  • Unless it would jeopardize federal funding, a federal security clearance, or any other federal background determination required for an employee’s position, or if the employee’s position is dependent on a license that is subject to federal regulations, (Utah SB 121), “…no state or political subdivision employee may be subject to adverse action … for failing a drug test due to marijuana or THC without evidence that the employee was impaired or otherwise adversely affected in the employee’s job performance due to the use of medical cannabis.”
  • Nothing in the law requires an employer, third party administrator or insurer to reimburse or pay for medical marijuana or devices for use.
  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
  • There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.

Testing

  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
  • It is unlawful to assist or attempt to defraud a drug test.

Hiring/Termination

  • See Significant above.

Discipline

  • State employees may not be disciplined or discriminated against on the basis of their status as a registered medical marijuana patient or their use that is in compliance with the law.

Use/Possession

  • Smoking is prohibited.
  • Cannot use in public unless it is a medical emergency.
  • Cannot use when driving a vehicle.
  • As of January 2021, individuals can no longer legally purchase cannabis outside of Utah borders.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • In order to legally consume FDA-approved CBD, the patient must acquire a card from the Utah Department of Health.
  • Any measurable amount of marijuana or marijuana metabolites will make the driver guilty of DUI with an exception for FDA-approved CBD.
  • Utah has a Fraudulent Drug Testing Amendment making it unlawful to assist or attempt to defraud a drug test.
  • It will be rebuttably presumed that the cause of an employee’s injury is drug use – and thereby not compensable – if through a drug test it is found that the employee has any amount in his system that was not prescribed under a valid prescription.
  • Utah has a voluntary drug testing law that, although not required, participating employers enjoy limited legal protections.
  • There are unemployment and workers’ compensation laws with drug testing requirements which are not mandatory unless an employer wishes greater latitude in denying claims.
  • 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)
  • Utah Code Ann. 26-61a – Medical marijuana law
  • Utah SB 121 – Medical marijuana accommodation
  • Utah Code Ann. 34-38-1 to 15 – Drug testing related
  • Utah Code Ann. 76-10-2203 – Drug testing related
  • Utah Admin. Code R994-405-208 – Unemployment related
  • Utah Code Ann. 34A-2-302 – 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).