Workplace Drug Testing Laws in Montana
In Montana, drug testing is only authorized for applicants of the following types of jobs: hazardous workplaces, intrastate driving, fiduciary responsibility, and public safety or security. In those cases, employers must follow the Department of Transportation (DOT) 49 Code of Federal Regulations, part 40. Random drug testing is allowed in Montana, as long as the employer has a clearly-defined workplace policy and employees are notified of the policy at least 60 days in advance.
In Montana, drug test policies should be developed for employees in dangerous work environments, those that work with finances, for public health and safety positions, and positions that require driving.
Register for a drug test online by clicking the "Register Now" button below. You can also call (888) 378-2499 with any questions about our drug testing services.
Montana Drug Testing Compliance
Montana Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
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| Recreational Marijuana |
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With recreational marijuana legal in Montana, employers generally cannot discipline a worker for a positive drug test when the employee was not under the influence at work and the marijuana was used during non-working hours.
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Employers are not under obligation to accommodate the lawful use of marijuana when it impacts job duties. performance, or when it conflicts with DOT requirements.
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Employers must view House Bill No. 655 regarding drug testing and when to take adverse employment action for failed drug tests.
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| Medical Marijuana |
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Workplace drug testing laws in Montana prohibit employers from discriminating against an applicant or worker that legally uses medical marijuana during non-working hours.
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Montana employers must familiarize themselves with MCA § 39-2-313 regarding the law and its exceptions.
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| Substances Screened |
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Substances screened in Montana include those on the basic "SAMHSA Panel"—marijuana, cocaine, amphetamines, opiates and phencyclidine (PCP).
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Employers may screen for other substances as long as the procedures follow DOT guidelines.
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| Laboratories | In Montana, employment drug screening laws regarding laboratories require compliance with DOT Rule 49 CFR Part 40. |
| Testing for Alcohol |
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Alcohol testing in Montana is allowed under Title 39-2-208 - Qualified Testing Program – Allowable Types - Procedures. According to the Montana Department of Justice, for commercial drivers, a blood-alcohol level of .04 or above is considered a positive test.
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Alcohol testing must be performed by a certified Breath Alcohol Technician (BAT).
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Montana Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing |
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Workplace drug testing laws in Montana allow POCT testing with an FDA-approved device.
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Positive test results must be confirmed in a certified lab.
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| Random Testing | Employers may use random testing if they follow Mont. Code 39-2-208. |
| Specimens Tested | Specimens for Montana drug testing compliance include urine, saliva, and breath (for alcohol testing). |
Other Services We Provide in Montana
If you're looking for drug testing information related to a specific city in the state of Montana, try taking a look at our Montana clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Montana Background Checks. For more information, visit our Montana background check page.
Frequently Asked Questions
What does Montana drug test for?
Montana drug testing compliance requires the SAMHSA drug panel. The drugs generally screened include amphetamines, cocaine, marijuana, phencyclidine (PCP), and opiates. Additional drugs screened include benzodiazepines, alcohol, hydrocodone, barbiturates, MDMA, propoxyphene, methaqualone, and methadone.
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.