Drug Testing in Hawaii

Tests Must Meet Hawaii Chapter 329B

Under HRS §329B-3, a third party — including an employer — generally may not require, request, or suggest that an individual submit to a substance-abuse test unless the test meets Chapter 329B, subject to statutory exemptions.

Section 329B-3 also requires the requesting third party to pay all costs, including confirmatory testing costs.

Official sources: HRS §329B-3 and HRS §329B-2.5.

Hawaii Regulates the Testing Laboratory

HRS §329B-4 requires substance-abuse testing performed in Hawaii to be conducted by a laboratory licensed by the Department of Health for that purpose or by an approved SAMHSA-certified laboratory, subject to on-site-screening provisions.

Samples from Hawaii tested in another state may be tested only by a SAMHSA-certified substance-abuse laboratory approved by Hawaii’s Director of Health.

• Privacy and anti-tampering procedures.
• Chain-of-custody procedures.
• State-compliant initial and confirmation methods.
• GC/MS or another approved reliable drug-confirmation method.
• Medical Review Officer oversight.
• Confidentiality procedures.

Official source: HRS §329B-4

Written Notice of the Substances Being Tested

Before a sample is collected, HRS §329B-5 requires the person being tested to receive a written statement identifying the specific substances that will be tested for.

The statement must also explain that over-the-counter medications or prescribed drugs may produce a positive result. A laboratory or on-site screening location may not test for a substance that was not included on that written statement.

Official source: HRS §329B-5

Medical Review Officer Oversight

Hawaii’s Department of Health licenses Medical Review Officers for workplace substance-abuse testing. The MRO receives, reviews, and interprets laboratory results requested by the employer or other third party.

Prescription and over-the-counter medications can affect results, making MRO review an important part of determining whether a laboratory result is reported as positive or negative.

Official source: Hawaii DOH — Substance Abuse Testing Program

On-Site Screening Positives Need Laboratory Follow-Up

HRS §329B-5.5 places important limits on how on-site screening results may be used.

• An on-site indication cannot by itself be used for adverse action.
• The employee or applicant must be directed to a Department-licensed laboratory for testing under §329B-5.
• The person generally must report to the laboratory within four hours.
• The employer bears the cost of the laboratory referral.
• The operator must have required training.
• On-site screening information is subject to confidentiality requirements.

Official source: HRS §329B-5.5

An On-Site Positive Alone Is Not Grounds for Discharge

HRS §378-32(a)(4) makes it unlawful for an employer or labor organization to suspend or discharge an employee solely because the employee tested positive on a compliant substance-abuse on-site screen.

The protection does not apply when the employee fails or refuses to report for the required laboratory follow-up test.

Official source: HRS §378-32

Medical Cannabis Use Is Prohibited in the Workplace

HRS §329-122 prohibits the medical use of cannabis in the workplace of one’s employment. Hawaii Department of Health patient guidance likewise lists the workplace among the places where medical cannabis may not be used.

Official sources: HRS §329-122 and Hawaii DOH — Use & Restrictions.

Current Hawaii DOH Employment Guidance

The Hawaii Department of Health’s current Medical Cannabis Registry FAQ states that an employer may not refuse to hire, fire, otherwise penalize, or threaten a person solely because the person is qualified to use medical cannabis.

The same guidance says employers may prohibit intoxicating substances during work hours and may discipline an employee for intoxication at work or in certain categories of work or positions.

Because employment protections have also been the subject of repeated legislative proposals, employers should verify the current statutory text and obtain legal advice before relying on patient status or a cannabis-positive result for an employment decision.

Official guidance: Hawaii DOH — Medical Cannabis Registry FAQ

Proposed Protections Are Not the Same as Enacted Law

Hawaii lawmakers have repeatedly considered legislation addressing employment protection for medical-cannabis registry cardholders. Proposed language is important context, but it should not be treated as enacted law. This page relies on current Chapter 329B, current medical-cannabis statutes, and current Department of Health guidance.

Choosing THC or No-THC Panels

• State clearly whether marijuana/THC is included in the non-DOT testing policy.
• Chapter 329B requires advance written identification of the specific substances being tested.
• Patient status and workplace cannabis use are separate issues.
• On-site screening results must follow Hawaii’s lab-referral rules before adverse action.
• No-THC panels are available when marijuana is intentionally excluded from a lawful non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.