Wisconsin Drug Testing Laws

Wisconsin has its set of regulations governing drug testing in workplaces. Employers have the right to enforce drug-free environments while respecting the rights and privacy of their employees.

Marijuana in Wisconsin: As of 2022, recreational marijuana use is illegal in Wisconsin. Medical marijuana use is also not allowed, with some exceptions for CBD oil under specific conditions. Employers typically are not required to accommodate medical marijuana use, but they must be conscious of not discriminating based on the underlying medical condition if CBD oil is being used legally.

For specific details and a deeper understanding of the laws, refer to Wisconsin's statutes here.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed	Subject to employer policy and privacy considerations.
Drug Panels	Not Specifically Detailed	Determined by employer's discretion.
Laboratory	Recommended	Use of SAMHSA-certified labs is advisable.
Medical Review Officer (MRO)	Recommended	Helps ensure accurate result interpretation.
Random Testing	Allowed	Especially for safety-sensitive positions.
Post-Accident	Allowed	Based on employer policy and the specifics of the incident.
Reasonable Suspicion	Allowed	Based on credible evidence or observation.
Oral Fluids	Not Specifically Detailed	Subject to employer policy.
Hair Testing	Not Specifically Detailed	Based on employer's preference.
Unemployment Denial	Possible	If proven violation of employer's drug-free policy.
Workers Comp Premium Reduction	Not Available	Wisconsin doesn't offer this incentive.
Intoxication Defense	Allowed	Useful in cases where the injury was due to drug/alcohol use by the employee.
Medical Marijuana	CBD Oil with Restrictions	No mandated employer accommodation for CBD oil use.
Recreational Marijuana	Not Allowed	Remains illegal in Wisconsin.
Report Driver DOT Positives	As per federal guidelines	Federal DOT regulations apply.
General Statute	Wis. Stat. §103.34 and others	Governs various aspects of drug testing in workplaces.

Remember, while the information provided here offers a general overview, laws and regulations can change, and nuances or specifics may not be covered. Always consult with a legal professional for comprehensive advice.

Answered by: Andrew David Easler, Esq.
Published: 12/18/2022
Updated: 11/02/2023

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