Mississippi State Drug Testing Laws

Last Update on April 18, 2023

Workplace Drug Testing Issues – Mississippi State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Voluntary law requires a policy and provides for a workers comp discount – CHAPTER 53 DRUG AND ALCOHOL TESTING REGULATIONS

Medical Marijuana law enacted February 2, 2022- known as “Mississippi Medical Cannabis Act”. The new law in Mississippi is employer friendly. There are no restrictions on drug free workplace programs or drug testing; employers may discipline employees who use medical cannabis in the workplace or who work while under the influence of medical cannabis.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Restrictions	Chain or Custody procedures must be established.
Drug Panels	Restrictions	SAMHSA 5 panel allowed, other drugs allowed if a federal agency has established guidelines for testing for said substance.
Laboratory	Certification Required	State or Federal Certification
Medical Review Officer	Required	Required for both positive and negative results
Random Testing	No Restrictions
Post-Accident	No Restrictions
Reasonable Suspicion	No Restrictions
Oral Fluids	Restrictions	Urine required for voluntary law
Hair Testing	No Restrictions	Urine required for voluntary law
Unemployment Denial1	Yes	Discharge for misconduct, follow Miss. Code 71-7-1 to -33 for drug testing.
Workers Comp Discount	Yes	Mississippi provides for a 5 percent reduction in workers' compensation premiums to employers that establish a drug-free workplace program.
Intoxication Defense	Yes	No compensation shall be payable if the use of drugs illegally, or the use of a valid prescription medication(s) taken contrary to the prescriber's instructions and/or contrary to label warnings, or intoxication due to the use of alcohol of the employee was the proximate cause of the injury, or if it was the willful intention of the employee to injure or kill himself or another.
Medical Marijuana	No
Recreational Marijuana	No
Report Driver DOT Positives	No
General Statute	--	Mississippi has a voluntary testing law that regulates alcohol and drug testing of applicants and employees, requires employers that test to have a written policy, and specifies testing procedures. MS Code Sec. 71-7-1 et seq. - CHAPTER 53 DRUG AND ALCOHOL TESTING REGULATIONS

Mississippi Code for Drug Testing – MS Code § 71-7-1

Workers Comp Discount – §71-3-207

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 Name Mississippi

Drug Testing in Mississippi

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Marijuana Laws for Mississippi

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

Mississippi State Drug Testing Laws

Workplace Drug Testing Issues – Mississippi State Laws

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