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Workplace Drug Testing Laws for Maryland

  • Published: 12/19/2022
  • Updated: 12/19/2022

Maryland drug testing laws do not prohibit or enforce employers in the private sector to implement a drug-free workplace policy. However, if employers decide to implement such a policy, it must follow the statute’s rules and regulations.

The statute does not specify under what conditions an employee can be tested for but does regulate how a test can be conducted. The purpose of enacting the statute is to protect employees, employers, and the public by setting fair and effective job-related alcohol and drug testing standards to ensure accurate and reliable test results and promote drug-free workplaces.

There are separate requirements for job-related testing and preliminary testing; the statute allows employers to perform preliminary testing at the workplace.

Medical Marijuana is allowed in the state, so employers should be cautious when performing drug testing to avoid disability discrimination. The statute protects the state for the use of medical marijuana but is silent on whether the statute applies to private employers.

There is currently proposed legislation to include provisions of Medical Marijuana in the Workers Compensation Statute.