Workplace Drug Testing Laws in Maryland

Maryland drug testing legislation states that employers who conduct workplace drug testing must adhere to all Maryland drug testing compliance rules.

The following workplace drug testing laws in Maryland do not apply to DOT-regulated employers. Government employers should do additional research to verify applicable employment drug screening laws.

To order tests, individuals and employers can register online or call (888) 378-2499

Start Testing Employees

Maryland Drug Testing Compliance

Maryland Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana As of July 1st, 2023, Maryland legalized recreational use of marijuana. Adults 21 and older may possess, use, and grow cannabis. However, employers can still drug test for marijuana.
Medical Marijuana Maryland’s employee drug testing laws specifically state that employers do not need to accommodate use in the workplace. The law also states that employers may discipline a medical marijuana patient who tests positive for marijuana (for any reason), as long as all state drug testing laws are followed.

Conditional Maryland Drug Testing Laws

Drug Test Issue Remarks
Instant or POCT Testing Only allowed for pre-employment drug testing. The employer is also required to register with the state.
Specimens Tested Blood, urine, hair, and saliva are all allowed. Hair testing may only be used for pre-employment drug testing. Maryland law specifically prohibits breath alcohol testing.
Laboratories Workplace drug testing laws in Maryland require employers to only use licensed laboratories.

Maryland Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Random Testing Employers may require random drug testing of their employees; however, it must be for a “legitimate business purpose” and be conducted by a licensed lab.
Workers Comp Effective October 1, 2016, a law was passed (Senate Bill 505, Chapter 394), which states that an insurer may offer up to a 4 percent discount to an employer that maintains a drug- and alcohol-free workplace.
Substances Screened Maryland employee drug testing laws allow employers to screen for “any controlled dangerous substance.” The only restrictions are that it must be for legitimate business purposes and samples must be collected by a licensed laboratory. (Maryland Code Title 17 Subtitle 2, §17-214).
Testing for Alcohol As with drugs, Maryland employers may test their employees for alcohol use, provided there is a legitimate business purpose.

Frequently Asked Questions

What Does Maryland Drug Test For?

According to the Maryland Department of Labor, employers are generally allowed to test employees and prospective employees for the illegal use of drugs and alcohol.

Other Services We Provide in Maryland

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

We also offer Maryland Background Checks. For more information, visit our Maryland 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

menu_book
Guerin, Lisa. “Drug Testing in Maryland.” NOLO, https://www.nolo.com/legal-encyclopedia/drug-testing-maryland.html
menu_book
“General Statute – Maryland Code Title 17 Subtitle 2, §17-214.” Statutes Text: Article – Health – General, §17–214, Maryland General Assembly, https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghg&section=17-214&enactments=false
menu_book
“Drug Testing – The Maryland Guide to Wage Payment and Employment Standards.” Maryland Department of Labor, https://www.dllr.state.md.us/labor/wagepay/wpdrugtest.shtml
menu_book
“Maryland.” The Marijuana Policy Project, https://www.mpp.org/states/maryland/
menu_book
Baker Donelson. “Still Smoking: Medical Marijuana in Maryland and What You Need to Know.” JDSupra, https://www.jdsupra.com/legalnews/still-smoking-medical-marijuana-in-89452/https://www.jdsupra.com/legalnews/still-smoking-medical-marijuana-in-89452/
menu_book
“Can businesses require random drug testing for employees?” Thatcher Law Firm, 26 April 2017, https://www.thatcherlaw.com/blog/2017/04/can-businesses-require-random-drug-testing-for-employees/
menu_book
“Does a Drug Free Workplace Lower your Work Comp Premium?” WorkCompLab, https://workcomplab.com/cost/drug-free-lower-premium/
menu_book
“Maryland: Workers’ Comp Insurers May Provide a Premium Discount to Employers with Certain Alcohol- and Drug-Free Workplace Policies.” All in One Poster Company, 8 June 2016, https://allinonelaborlawposters.wordpress.com/2016/06/08/maryland-workers-comp-insurers-may-provide-a-premium-discount-to-employers-with-certain-alcohol-and-drug-free-workplace-policies/
menu_book
“Senate Bill 505, Chapter 394.” Maryland General Assembly, https://mgaleg.maryland.gov/2016RS/Chapters_noln/CH_394_sb0505t.pdf
menu_book
Recreational cannabis use and possession in Maryland. banner-img-mobile. (n.d.-d). https://www.peoples-law.org/recreational-marijuana-cannabis-use-and-possession-maryland
menu_book
Ong, F. W. (2023, September 28). Can Maryland employers test and discipline for recreational marijuana use?. Shawe Rosenthal LLP. https://shawe.com/articles/can-maryland-employers-test-and-discipline-for-recreational-marijuana-use/