Workplace Drug Testing Laws in Montana
Montana's workplace drug testing laws are outlined in the Montana Workforce Drug and Alcohol Testing Act (Mont. Code Ann. §§ 39-2-205 to 39-2-211). Drug testing is required for employees in hazardous or high-risk jobs, but employers in non-hazardous industries can also create drug testing policies. Employers with a drug testing program must follow their written policy and ensure it complies with state law.
Although Montana has legalized cannabis for both medical and recreational use, the law does not require employers to allow marijuana use or possession in the workplace. Employers can also take disciplinary action against employees who violate workplace drug policies or are impaired at work.
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.
Montana Drug Testing Compliance
Montana Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana |
With recreational marijuana legal in Montana, employers generally
cannot discipline a worker for a positive drug test when the
employee was not under the influence at work and the marijuana was
used during non-working hours.
Employers are not under obligation to accommodate the lawful use of
marijuana when it impacts job duties. performance, or when it
conflicts with DOT requirements.
Employers must view
House Bill No. 655
regarding drug testing and when to take adverse employment action
for failed drug tests.
|
| Medical Marijuana |
Workplace drug testing laws in Montana prohibit employers from
discriminating against an applicant or worker that legally uses
medical marijuana during non-working hours.
Montana employers must familiarize themselves with
MCA § 39-2-313
regarding the law and its exceptions.
|
| Substances Screened |
Substances screened in Montana include those on the basic "SAMHSA
Panel"—marijuana, cocaine, amphetamines, opiates and phencyclidine
(PCP).
Employers may screen for other substances as long as the procedures
follow
DOT guidelines.
|
| Laboratories | In Montana, employment drug screening laws regarding laboratories require compliance with DOT Rule 49 CFR Part 40. |
| Testing for Alcohol |
Alcohol testing in Montana is allowed under
Title 39-2-208
- Qualified Testing Program – Allowable Types - Procedures.
According to the Montana Department of Justice, for commercial
drivers, a blood-alcohol level of .04 or above is considered a
positive test.
Alcohol testing must be performed by a certified Breath Alcohol
Technician (BAT).
|
Montana Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing |
Workplace
drug testing laws
in Montana allow POCT testing with an FDA-approved device.
Positive test results must be confirmed in a certified lab.
|
| Random Testing | Employers may use random testing if they follow Mont. Code 39-2-208. |
| Specimens Tested | Specimens for Montana drug testing compliance include urine, saliva, and breath (for alcohol testing). |
Other Services We Provide in Montana
If you're looking for drug testing information related to a specific city in the state of Montana, try taking a look at our Montana clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Montana Background Checks. For more information, visit our Montana background check page.
Frequently Asked Questions
What does Montana drug test for?
Montana drug testing compliance requires the SAMHSA drug panel. The drugs generally screened include amphetamines, cocaine, marijuana, phencyclidine (PCP), and opiates. Additional drugs screened include benzodiazepines, alcohol, hydrocodone, barbiturates, MDMA, propoxyphene, methaqualone, and methadone.
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.