Workplace Drug Testing Laws for Colorado

Under Colorado drug and alcohol testing law, there are few restrictions on employers who implement a drug-free workplace policy.

Colorado has passed statutes allowing the use of Medical Marijuana and Recreational Marijuana. However, courts have recognized that employers are under no obligation to accommodate the use of Marijuana.

Employers should also keep in mind that the level of Marijuana that is considered to be “under the influence” has not been established by case law.

Employers should consider implementing the drug testing requirements under the unemployment statute if it chooses to adopt a drug-free workplace policy in order to successfully deny unemployment benefits to employees in violation of its drug-free workplace policy.

In addition, the City of Boulder has implemented its own drug and alcohol testing requirements for all employers who conduct business within the city limits. Drug and alcohol testing requests must be supported by reasonable suspicion.

An employer who wishes to implement a drug testing policy must follow The Boulder Municipal Code. Note that the Boulder Municipal Code has implemented exemptions to its code.