For employers, except those mandated under federal testing laws, Maine has mandatory laws with very strict details about drug testing protocols that will govern an employer’s responsibilities and operations around dealing with marijuana and drug testing. (Maine Department of Labor May 2018) “Employers that do continue to test for marijuana, or take disciplinary action for marijuana use, must comply with the Substance Abuse Testing Law, the Marijuana Legalization Act, the Maine Medical Use of Marijuana Act and the Maine Human Rights Act.” Employers in violation of these requirements can face severe fines and consequences.
According to Maine’s Department of Labor, an employer cannot refuse to hire based solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property.
According to Maine’s Department of Labor, an employer cannot discipline an employee based solely on a positive drug test for marijuana because consumption may have taken place outside of the employer’s property.
Only use in private residences is permitted.
Smoking is permitted.
May not smoke on public transportation or in a public space.
May not be under the influence while operating a motor vehicle, aircraft, boats, or other named vessels.
(Maine Department of Labor May 2018) “Employers that do continue to test for marijuana, or take disciplinary action for marijuana use, must comply with the Substance Abuse Testing Law, the Marijuana Legalization Act, the Maine Medical Use of Marijuana Act and especially concerning an individual with a disability as defined by the Maine Human Rights Act.”
This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.
Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).
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No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.
