Workplace Drug Testing Laws in Maine

For drug testing purposes, the state of Maine is considered to be a "mandatory" state. This means employers who wish to conduct drug testing must comply with Maine drug testing legislation. Workplace drug testing laws in Maine state that if an employer wants to implement a drug testing program, they must create a drug-free workplace policy and have it approved by the Maine Department of Labor Bureau of Labor Standards.

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Maine Drug Testing Compliance

Maine Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Workers Comp If an employer's state-approved drug testing program allows for drug testing in cases of workplace accidents and the employee tests positive for controlled substances, Maine law states that worker compensation can be denied if it is found that the injury or death was a result of workplace intoxication.

Conditional Maine Drug Testing Laws

Drug Test Issue Remarks
Instant or POCT Testing While the state of Maine allows the use of POCT testing devices that are approved by the FDA, workplace drug testing laws state no employer may directly administer any substance test to its employees. Instead, these tests must be completed off-site in a medical facility under proper supervision.
Random Testing Under Maine employee drug testing laws, an employer can only conduct random drug testing if such practices are included in the employer's drug-free workplace policy approved by the Maine Department of Labor Bureau of Labor Standards.
Specimens Tested Maine drug testing legislation states that urine and blood specimens may be collected for drug testing purposes.
Substances Screened Workplace drug testing laws in Maine state that employer drug tests are permitted to screen for amphe­tamine/meth­amphetamine, barbiturates, cannabinoids, benzodiazepines, cocaine and/or metabolites, phencyclidine, opiates, methaqualone, methadone, and alcohol. Bear in mind, under Maine recreational marijuana legalization, marijuana positive tests cannot be used for purposes of employment denial.
Testing for Alcohol As with drug testing, Maine drug testing compliance laws require employers to implement a workplace policy and have it approved by the Maine Department of Labor Bureau of Labor Standards to conduct alcohol testing.

Maine Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Recreational Marijuana In November 2016, the state of Maine legalized the recreational use of Marijuana. Under An Act to Legalize Marijuana, Maine employers cannot drug test applicants for marijuana and cannot refuse employment for marijuana consumption outside the workplace. Special provisions are in place for safety-sensitive positions such as the DOT.
Medical Marijuana With the 2016 approval of recreational marijuana consumption in the state of Maine, drug testing legislation does not allow the testing of marijuana for employment purposes except for roles subject to federal regulations, such as those in transportation.
Laboratories According to Maine drug testing legislation, drug testing laboratories must demonstrate satisfactory performance in the proficiency testing program of the National Institute on Drug Abuse, the College of American Pathology, or the American Association for Clinical Chemistry.

Other Services We Provide in Maine

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

We also offer Maine Background Checks. For more information, visit our Maine 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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"§202. Injury or death due to willful intention or intoxication" Maine Legislature, https://legislature.maine.gov/statutes/39-A/title39-Asec202.html
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"§683. Testing procedures" Maine Legislature, https://legislature.maine.gov/statutes/26/title26sec683.html
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"Substance Use Testing Law." Maine Department of Labor, https://www.maine.gov/labor/labor_laws/substanceusetesting/
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"§684. Imposition of tests" Maine Legislature, https://legislature.maine.gov/statutes/26/title26sec684.html
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"Recreational Marijuana in Maine" Maine State Legislature, https://legislature.maine.gov/lawlibrary/recreational_marijuana_in_maine/9419
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"Maine Recreational Marijuana Law Limits Drug Testing, Disciplinary Consequences Imposed by Employers" Jackson Lewis, https://www.jacksonlewis.com/publication/maine-recreational-marijuana-law-limits-drug-testing-disciplinary-consequences-imposed-employers
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"Policy Types" Maine Department of Labor, https://www.maine.gov/labor/labor_laws/substanceusetesting/policytypes/index.html
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"144-265-C – Substances for which testing is permitted." Legal Information Institute, Cornell Law School, https://www.law.cornell.edu/regulations/maine/10-144-Me-Code-R-Ch-265-SS-C