Arkansas Drug Testing Laws

Arkansas has codified its workplace drug testing laws under the Arkansas Statute §11-14-101 to §11-14-115. These laws offer detailed guidelines for employers, ensuring that drug testing is carried out with fairness and respect for the rights of employees. By following these statutes, employers can ensure they operate within the legal framework.

Marijuana in Arkansas: Medical marijuana is legal and requires a prescription from a licensed physician. Recreational use remains illegal.

You can review the specific statutes here.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Yes, with caution	Follow up with laboratory confirmation is advisable.
Drug Panels	No Restrictions	Selected based on employer's policy.
Laboratory	Licensing requirements	SAMHSA-certified labs are preferred.
Medical Review Officer (MRO)	Required	Essential for an accurate interpretation of results.
Random Testing	Restrictions	Primarily for safety-sensitive positions.
Post-Accident	No Restrictions	Implement a consistent and clear policy.
Reasonable Suspicion	Yes	Ensure supervisory training and documentation.
Oral Fluids	No Restrictions	Employer's discretion.
Hair Testing	No Restrictions	Employer's discretion.
Unemployment Denial	Yes, specific conditions	Denial possible if termination was due to drug violations.
Workers Comp Discount	Possible with compliance	Benefits available if adhering to a drug-free workplace program.
Intoxication Defense	Yes	Can deny claims if intoxication is the proven cause.
Medical Marijuana	Prescription Only	Requires prescription; recreational use is illegal.
Recreational Marijuana	No	Remains illegal in Arkansas.
Report Driver DOT Positives	Yes	Mandatory reporting requirements.
General Statute	Arkansas Statute §11-14-101 to §11-14-115	Adherence to state-specific regulations is essential.

Please note: The provided information serves as a general overview. Always consult with local legal experts or review state-specific legal resources for detailed and current information.

Answered by: Andrew David Easler, Esq.
Published: 11/03/2023
Updated: 11/03/2023

We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.