Workplace Drug Testing Laws in Maryland
Maryland drug testing legislation states that employers who conduct workplace drug testing must adhere to all Maryland drug testing compliance rules.
The following workplace drug testing laws in Maryland do not apply to DOT-regulated employers. Government employers should do additional research to verify applicable employment drug screening laws.
To order tests, individuals and employers can register online or call (888) 378-2499
Maryland Drug Testing Compliance
Maryland Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational | As of July 1st, 2023, Maryland legalized recreational use of marijuana. Adults 21 and older may possess, use, and grow cannabis. However, employers can still drug test for marijuana. |
| Medical | Maryland’s employee drug testing laws specifically state that employers do not need to accommodate use in the workplace. The law also states that employers may discipline a medical marijuana patient who tests positive for marijuana (for any reason), as long as all state drug testing laws are followed. |
Conditional Maryland Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Only allowed for pre-employment drug testing. The employer is also required to register with the state. |
| Specimens Tested | Blood, urine, hair, and saliva are all allowed. Hair testing may only be used for pre-employment drug testing. Maryland law specifically prohibits breath alcohol testing. |
| Laboratories | Workplace drug testing laws in Maryland require employers to only use licensed laboratories. |
Maryland Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Random Testing | Employers may require random drug testing of their employees; however, it must be for a "legitimate business purpose" and be conducted by a licensed lab. |
| Workers Comp | Effective October 1, 2016, a law was passed (Senate Bill 505, Chapter 394), which states that an insurer may offer up to a 4 percent discount to an employer that maintains a drug- and alcohol-free workplace. |
| Substances Screened | Maryland employee drug testing laws allow employers to screen for "any controlled dangerous substance." The only restrictions are that it must be for legitimate business purposes and samples must be collected by a licensed laboratory. (Maryland Code Title 17 Subtitle 2, §17-214). |
| Testing for Alcohol | As with drugs, Maryland employers may test their employees for alcohol use, provided there is a legitimate business purpose. |
Frequently Asked Questions
What Does Maryland Drug Test For?
According to the Maryland Department of Labor, employers are generally allowed to test employees and prospective employees for the illegal use of drugs and alcohol.
Other Services We Provide in Maryland
If you're looking for drug testing information related to a specific city in the state of Maryland, try taking a look at our Maryland clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Maryland Background Checks. For more information, visit our Maryland background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.