Truescreen recently followed up with the Maine DOL, seeking clarification and requesting additional information on the DOL's position on whether employers may test applicants/employees for marijuana. Below is the response Truescreen received from the Maine DOL:
Maine Department of Labor had previously issued a press release stating that if the law went into effect that employers should not test applicants for marijuana. That said, while the law is in effect currently, DOL has had more discussions around the interpretation of that section of the law and now states the following:
In Maine, marijuana is still on the list of what can be tested. Testing is only allowed if a company has a drug testing policy that has been approved by the Maine Department of Labor (MDOL). The Department cannot provide legal advice and we encourage employers to consult with private legal counsel regarding the law. Additionally, since the recreational law is overseen by the Maine Department of Agriculture and medical marijuana law is overseen by Maine Department of Health and Human Services, MDOL can approve testing based on our own law but we cannot say whether taking disciplinary action or refusing to hire someone will violate their laws, which is why the Department recommends seeking legal guidance prior to making those decisions.
In Maine, marijuana is still on the list of what can be tested. Testing is only allowed if a company has a drug testing policy that has been approved by the Maine Department of Labor (MDOL). The Department cannot provide legal advice and we encourage employers to consult with private legal counsel regarding the law. Additionally, since the recreational law is overseen by the Maine Department of Agriculture and medical marijuana law is overseen by Maine Department of Health and Human Services, MDOL can approve testing based on our own law but we cannot say whether taking disciplinary action or refusing to hire someone will violate their laws, which is why the Department recommends seeking legal guidance prior to making those decisions.
In light of the above update and revised guidance, employers would be well-advised to consult with legal counsel before determining how to proceed with employment drug testing for marijuana in Maine.
Posted: March 20, 2018