Workplace Drug Testing Issues – Maine State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
Alert - Effective 02/01/2018 employers should use caution and seek legal advice regarding pre-employment and random drug testing for Marijuana due to the Maine voters “Question 1 – An Act to Legalize Marijuana” (“the Act”). See more below about Maine and Marijuana.
Employers wanting to enact a drug testing program must have a policy approved by the Maine Department of Labor, Bureau of Labor Standards. Maine Statute on Substance Abuse Testing – Title 26, Chapter 26, Subchapter 3-A.
New law effective May 2, 2008 - removes the prior law’s prohibition on employers taking disciplinary action for marijuana use away from the employer’s premises. A written drug testing policy is critical to avoiding liability in Maine.