Montana State Drug Testing Laws

Last Update on April 18, 2023

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 Issue	Status	Comments
Instant or POCT Testing	Prohibited	Law requires mirroring of DOT testing
Drug Panels	Restricted	SAMHSA 5 panel only
Laboratory	Restricted	SAMHSA certified lab only
Medical Review Officer	Required	Required for both positive and negative results
Random Testing	Restricted	Follow Mont. Code Ann. 39-2-208
Post-Accident	Restricted	Injury caused death or personal injury or property damage in excess of $1,500.
Reasonable Suspicion	No Restrictions
Oral Fluids	No Restrictions
Hair Testing	Restricted	Not mentioned in Montana Law
Unemployment Denial	Yes	Address in company policy, terminate for misconduct.
Workers Comp Discount	No
Intoxication Defense	Yes	An 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 Marijuana	Yes	Employers 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 Marijuana	No
Report Driver DOT Positives	No
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

Drug Testing in Montana

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Montana

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.

Montana State Drug Testing Laws

Workplace Drug Testing Issues – Montana State Laws

Drug Testing in Montana

Marijuana Laws for Montana

View Individual State Law Summaries

Set Up An Employer Account

Join Our Collection Site Network

Drug Testing Information

Navigation