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Massachusetts Cannabis Testing Labs >
The Commonwealth of Massachusetts has no official drug testing law, but employers in the state may enact drug-free workplace policies that comply with federal regulations like the Americans with Disabilities Act. Such employers are expected to reasonably accommodate off-duty medical cannabis use for employees with disabilities, as ruled by the Supreme Judicial Court inBarbuto v. Advantage Sales and Marketing. In Webster v. Motorola, the Supreme Judicial Court established that the validity of drug testing may also depend on the importance of employees' job roles. Employers may be unable to sanction employees with detectable levels of non-psychoactive cannabis metabolites if it does not affect their competence at work.
In Massachusetts, employers who have drug testing policies may test employees for amphetamines, cocaine, opiates, marijuana, and phencyclidine (PCP). Such employers can conduct the following marijuana tests if the procedures do not violate employees’ rights:
A Massachusetts employer may collect an employee’s hair follicles, blood, saliva, or urine as a specimen to conduct a marijuana drug test.
Massachusetts laws do not restrict employers from conducting random drug testing on employees. The state Supreme Court ruled in Webster v. Motorola that the validity of such tests depends on an employee’s job description/responsibilities and the employer’s interests. Random drug testing procedures in the state must also comply with federal laws and regulations on drug testing. Employers may notify employees of such drug tests in accordance with their drug testing policies.
Employees who fail drug tests in Massachusetts may face disciplinary actions or lose their jobs. Such employees may be suspended from work without pay and required to complete mandatory drug rehabilitation programs.
Yes, employers with drug-free workplace policies can fire employees who refuse drug tests in Massachusetts. Employees who are fired for refusing drug tests may be unable to contest the decision.
Massachusetts laws provide some protections for medical marijuana cardholders from getting fired for failing workplace drug tests. For instance, employers must reasonably accommodate employees who use medical marijuana to treat disabilities. Hence, such employees cannot be fired for positive drug tests due to off-duty marijuana use. It is also illegal for employers to discriminate against job applicants who have medical marijuana cards. However, the provisions of An Act for the Humanitarian Medical Use of Marijuana do not require employers in the Commonwealth to accommodate the on-site use of medical marijuana at workplaces. Hence, employers can fire medical marijuana cardholders for failing marijuana tests if they use their marijuana prescriptions on duty.
Massachusetts laws do not restrict employers from conducting drug tests on job applicants during interview stages. Employers can conduct drug tests using urine, hair, saliva, or blood samples. However, applicants must be notified of the possibility of submitting to drug testing. Employers may choose not to hire applicants who test positive for drugs or refuse to submit to drug testing.
Yes, pre-employment drug testing is allowed in Massachusetts. An employer in the Commonwealth with a pre-employment drug testing policy may require an applicant to submit to drug testing upon issuing them a conditional offer of employment. Such employers may conduct pre-employment drug testing regardless of whether they suspect applicants of drug use.
While the Commonwealth has no workplace drug testing law, public agencies in Massachusetts can enact policies that require employees to submit for workplace drug tests. However, such policies must not violate the rights of public employees.
Employers in Massachusetts may create drug-free workplace policies that require their employees to submit for drug tests. The Commonwealth does not have a drug-free workplace program. However, no law restricts employers from adopting such policies or programs. Employers must enact drug-free workplace policies that comply with federal laws and do not violate any state law.
Massachusetts laws do not specify employees who are exempted from their employers’ drug-free workplace policies. However, federal regulations may exempt federal workers from some provisions of drug testing laws.
In Massachusetts, employers with drug-free workplace policies may choose the drug testing labs they want to work with. The Department of Public Health (DPH) is responsible for certifying drug testing labs in the Commonwealth.