Workplace Drug Testing Laws in Arkansas

Employers in Arkansas can benefit from the state's drug-free workplace program, which improves the employer's standards and reduces work-place related accidents. Employers who meet the requirements may receive discounts on workers' compensation insurance premiums.

Employers must familiarize themselves with workplace drug testing laws in Arkansas, as well as federal laws and DOT guidelines.

Register for a drug test online by clicking the "Register Now" button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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Arkansas Drug Testing Compliance

Arkansas Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana
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Recreational marijuana is not legal in Arkansas.
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Under the Drug-Free Workplace Law, employers must give notice before drug testing employees and applicants.
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Employees may be disciplined or fired for recreational marijuana use in Arkansas.
Specimens Tested Arkansas allows specimens from tissues, fluid, or any bodily product capable of showing any alcohol or drug.
Workers Comp
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Employers in Arkansas are not required to drug test but could benefit from joining the drug-free workplace program, which requires drug testing.
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Positive drug test results may lead to job loss for the worker, along with the loss of workers' comp benefits.
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If a worker refuses drug testing, the benefits are forfeited.

Conditional Arkansas Drug Testing Laws

Drug Test Issue Remarks
Medical Marijuana
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Employers cannot discriminate against an applicant for carrying a medical marijuana card.
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Employers cannot fire an employee for a positive drug test, if the worker holds a medical marijuana card, and was not under the influence of marijuana while on the job.
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Employers must not allow medical marijuana to be used in the workplace, or allow an employee to work under the influence.
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Employers can discipline or fire workers for using medical marijuana on the job.
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Employers cannot hire someone holding a medical marijuana card if it's a safety-sensitive position, such as truck driving.
Random Testing
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Random drug testing is not prohibited or regulated under Arkansas law.
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Under the Drug-Free Workplace Law, employees and applicants must be informed prior to testing.

Arkansas Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Instant or POCT Testing Instant or Point-Of-Care Testing is prohibited in Arkansas.
Substances Screened

Drug testing under the Drug-Free Workplace Program must include the SAMHSA panel, and must also align with DOT regulations.

Laboratories Arkansas requires the use of certified laboratories. They must be licensed by the state and comply with CAP, SAMHSA or another recognized means of certification.
Testing for Alcohol
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Alcohol testing is permitted under the Drug-Free Workplace Act only when there is reasonable suspicion.
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A worker in a safety-sensitive position may be tested for alcohol at any time.

Frequently Asked Questions

What Does the State of Arkansas Drug Test?

Drugs commonly tested in Arkansas include amphetamines, cocaine, marijuana, Phencyclidine (PCP), and opiates.

Other Services We Provide in Arkansas

If you're looking for drug testing information related to a specific city in the state of Arkansas, try taking a look at our Arkansas clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Arkansas Background Checks. For more information, visit our Arkansas background check page.

This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.

Citations

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"Voluntary Drug-Free Workplace Program." Arkansas Workers' Compensation Commission, http://www.awcc.state.ar.us/drugfree.html
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"Rule 099.36 A Voluntary Program for Drug-Free Workplaces, Arkansas Department of Labor and Licensing, http://www.awcc.state.ar.us/rules/rule099_36.pdf
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"Arkansas – State Laws by Topic." The HR Specialist, https://www.thehrspecialist.com/res/pdf/State%20Laws/Arkansas.pdf
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"State-by-State Legal Status Guide." Alere Toxicology, https://www.edrugtest.com/Messages_from_Admin/Statebystatelaw_Guide_89046.pdf
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"Can I Be Fired if I Have a Medical Marijuana Card?" WH Law Offices, https://whlawoffices.com/blog/emprm-fired-medical-marijuana-card/
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Bryson, Robert. "Can You Be Fired for Smoking Marijuana in a State Where It's Legal?" NOLO, https://www.employmentlawfirms.com/resources/can-you-be-fired-for-smoking-marijuana-in-a-state-where-its-legal.html
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"Arkansas Alcohol and Drugs: What you need to know." BLR, https://www.blr.com/HR-Employment/Performance-Termination/Alcohol-and-Drugs-in-Arkansas
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"Drug Testing Resources." SAMHSA, https://www.samhsa.gov/workplace/resources/drug-testing
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"Office of Drug & Alcohol Policy & Compliance." U.S. Department of Transportation, https://www.transportation.gov/odapc
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"SAMHSA Guidelines for Drugs of Abuse Testing." ThermoFisher Scientific, https://www.thermofisher.com/us/en/home/clinical/diagnostic-testing/clinical-chemistry-drug-toxicology-testing/drugs-abuse-testing/drug-testing-overview/samhsa.html