Missouri's stance on workplace drug testing is largely shaped by court decisions rather than detailed statutory schemes. The state leans towards a balance between an employer's right to maintain a drug-free workplace and the privacy rights of employees. Employers should conduct drug testing in a consistent and non-discriminatory manner.
Marijuana in Missouri: As of January 2022, medical marijuana is legal in Missouri under Article XIV of the Missouri Constitution. Recreational marijuana remains illegal.
For a comprehensive understanding of the regulations, including Article XIV, you can visit the Missouri Legislature's official website.
| Drug Testing Issue |
Status |
Comments |
| Instant or POCT Testing |
No specific statute |
Consistency in administration is recommended. |
| Drug Panels |
No specific statute |
Typically, employers follow SAMHSA guidelines. |
| Laboratory |
No specific regulation |
Use of SAMHSA-certified labs is recommended. |
| Medical Review Officer (MRO) |
No specific statute |
To ensure accurate interpretation of results. |
| Random Testing |
No specific statute |
Best for safety-sensitive positions; consistent application is crucial. |
| Post-Accident |
No specific statute |
Ensure non-discriminatory application. |
| Reasonable Suspicion |
No specific statute |
Observations should be well-documented. |
| Oral Fluids |
No specific statute |
Adherence to industry standards recommended. |
| Hair Testing |
No specific statute |
Consistent application and valid methodology essential. |
| Unemployment Denial |
Possible |
Under Mo. Rev. Stat. § 288.050.2 for misconduct related to drug use. |
| Workers Comp Discount |
No specific statute |
But intoxication can affect claims. |
| Intoxication Defense |
Permitted |
Under Mo. Rev. Stat. § 287.120 if intoxication was the cause of injury. |
| Medical Marijuana |
Yes, with restrictions |
Regulated under Article XIV of the Missouri Constitution. |
| Recreational Marijuana |
No |
Remains illegal as of January 2022. |
| Report Driver DOT Positives |
Subject to federal rules |
Follow federal DOT regulations. |
| General Statute |
Based on Court Decisions & Article XIV |
It's essential to remain updated on court decisions that may influence drug testing policies. |
Missouri employers should remain diligent in ensuring that their drug testing policies respect employee rights and are consistent with both state law and prevailing court decisions. Given the evolving legal landscape, periodic policy reviews and legal consultation are advisable.
