Workplace Drug Testing Laws in Puerto Rico
Puerto Rico has specific drug testing laws that employers must comply with. The laws cover issues like pre-employment, random testing, and testing based on reasonable suspicion. Additionally, Puerto Rico has established laws and regulations regarding unemployment, workers' compensation, and the use of medical marijuana.
In Puerto Rico, medicinal marijuana has been legal since 2015, but the use of recreational marijuana remains illegal. All employers who wish to conduct marijuana drug testing must follow state and federal laws and regulations. Based on Act No. 15-2021, employers are prohibited from discriminating against medical cannabis patients during recruitment, hiring, termination, or other employment conditions.
Learn more about drug testing laws and compliance in Puerto Rico below. To register online, simply sign up using the button below. If you have any questions or wish to register via phone, call (888) 378-2499.
Puerto Rico Drug Testing Compliance
Puerto Rico Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Recreational marijuana is illegal in Puerto Rico. Employers can test for cannabis as they do for other substances. |
Conditional Puerto Rico Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Random Testing | Random drug testing is allowed in Puerto Rico if employers follow selection protocols. Employers can also conduct drug testing if they have a reasonable suspicion, post-accident, or after the employee completes a rehab program. |
| Workers Comp | If the employee was intoxicated during the accident or injury, they may be denied worker's compensation. |
| Substances Screened | Puerto Rico's drug testing laws specify that employers can test for substances included in Schedules I and II under the Controlled Substances Act of Puerto Rico. This includes a wide range of substances, such as opiates, hallucinogens, and other controlled substances identified by both Puerto Rican law and U.S. federal law. |
Puerto Rico Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | POCT or Instant drug testing is prohibited as all drug tests must be conducted in a certified laboratory. |
| Specimens Tested | According to Act 59, employers should conduct drug testing using urine specimens. Hair samples are only permitted when the circumstances justify not conducting the drug testing with a urine sample. |
| Laboratories | All drug tests must be conducted by a certified laboratory. |
| Testing for Alcohol | Puerto Rican law does not explicitly prohibit alcohol testing. While the primary focus of Law No. 59 is on controlled substances, the law does not preclude the possibility of testing for alcohol. |
Frequently Asked Questions
Do Puerto Rico State employees get drug tested?
Puerto Rico's drug testing laws mainly apply to private sector employees. There isn't a specific mandate for state employees, but similar drug testing policies may be in place.
What states have mandatory drug testing?
States with mandatory drug testing laws include Maine, Maryland, and Louisiana.
Are random drug tests legal in Puerto Rico?
Yes, random drug tests are legal in Puerto Rico if employers follow proper procedures and selection methods.
Other Services We Provide in Puerto Rico
If you're looking for drug testing information related to a specific city in the state of Puerto Rico, try taking a look at our Puerto Rico clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Puerto Rico Background Checks. For more information, visit our Puerto Rico 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.