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.

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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.

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