Idaho State Drug Testing Laws

Workplace Drug Testing Issues – Idaho State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

This chart is based on the provisions of the voluntary law – IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT – IDAHO CODE 72-1701 TO 1716

On 02/26/2021 Idaho pass a law that updated the definition of marijuana eliminating certain FDA-approved medications. This amendment also adds certain synthetic cannabis substances to the definition of controlled substances. See Idaho Senate Bill 1017 CONTROLLED SUBSTANCES — Amends existing law to provide for certain synthetic drugs and controlled substances.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	No Restrictions	Confirm non-negative results at laboratory.
Drug Panels	No Restrictions
Laboratory	No Restrictions	All positive results should be determined by confirmation testing.
Medical Review Officer (MRO)	Not Required	Recommended to avoid exposure to liability.
Random Testing	No Restrictions
Post-Accident	No Restrictions
Reasonable Suspicion	No Restrictions
Oral Fluids	No Restrictions
Hair Testing	No Restrictions
Unemployment Denial	Yes	Employer must follow the voluntary law - IDAHO CODE 72-1701 TO 1716
Workers Comp Discount	Yes	Provides that employers who conduct drug and alcohol testing of all current and prospective employees may qualify for a discount on Workers' Compensation premiums at insurers discretion.
Intoxication Defense	Yes	Denial of Claim - CHAPTER 85 - WORKERS' COMPENSATION Section 85.16 - Willful injury u2014 intoxication
Medical Marijuana	No
Recreational Marijuana	No
Report Driver DOT Positives	No
General Statute	--	Voluntary Law - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT - IDAHO CODE 72-1701 TO 1716

Intoxication Defense – On March 30, 2017 Iowa became the 19th state to give employers a great defense to a workers’ compensation claim when the injured worker was intoxicated at the time of injury. 85.16 WILLFUL INJURY – INTOXICATION. The newly amended section of the Code then provides that “the burden of proof shall be on the employee to overcome the presumption” by showing he/she was not intoxicated at the time of the injury or that the intoxication did not cause the injury.

Unemployment Denial – IDAHO CODE 72-1701 TO 1716

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

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Idaho State Drug Testing Laws

Workplace Drug Testing Issues – Idaho State Laws

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