Montana State Drug Testing Laws

Workplace Drug Testing Issues – Montana State Laws

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

There are requirements including a comprehensive written policy for employer drug testing in Montana. These specific requirements apply to employees and applicants who will work in a hazardous work environment, a security position, a position that affects public safety or health, a position involving a fiduciary obligation to the employer, or a position that requires driving.

Denial of workers comp claim – Montana Code 39-71-407

Denial of unemployment claim – Montana Code Ann. 39-51-2303

Random Testing – Mont. Code Ann. 39-2-208

Drug Testing IssueStatusComments
Instant or POCT Testing ProhibitedLaw requires mirroring of DOT testing
Drug PanelsRestrictedSAMHSA 5 panel only
LaboratoryRestrictedSAMHSA certified lab only
Medical Review Officer RequiredRequired for both positive and negative results
Random TestingRestrictedFollow Mont. Code Ann. 39-2-208
Post-Accident RestrictedInjury caused death or personal injury or property damage in excess of $1,500.
Reasonable Suspicion No Restrictions
Oral FluidsNo Restrictions
Hair Testing RestrictedNot mentioned in Montana Law
Unemployment DenialYesAddress in company policy, terminate for misconduct.
Workers Comp DiscountNo
Intoxication DefenseYesAn employee is not eligible for benefits if the employee's use of alcohol or drugs not prescribed by a physician is the major contributing cause of the accident. However, if the employer had knowledge of, and failed to attempt to stop the employee's use of alcohol or drugs, this subsection does not apply.
Medical MarijuanaYesEmployers are not required to accommodate an employee's use of medical marijuana. Further, employers may prohibit employees' use of medical marijuana in employment contracts.
Recreational MarijuanaNo
Report Driver DOT PositivesNo
General Statute--The Montana Workforce Drug and Alcohol Testing Act (§§ 39-2-205 through 39-2-211, MCA) - Employers planning to establish a drug and alcohol testing program but who are not regulated, in whole or in part, by a DOT agency must comply with Montana law.

Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication as a defense against a claim for compensation.  State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

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.

State Law Montana