Order a Drug Test in Maryland

Pre-Employment Drug Testing in Maryland

Maryland permits pre-employment testing when it is job-related and used for a legitimate business purpose. An employer may use a qualifying single-use preliminary screening procedure for an applicant, subject to statutory requirements; a positive preliminary result must be sent to an authorized laboratory for confirmation.

• Choose a THC-inclusive or no-THC panel intentionally.
• State when testing occurs and which substances are included.
• Use compliant collection, laboratory confirmation, and Medical Review Officer procedures.
• Apply uniform rules to similarly situated applicants.
• Keep test information confidential.

Employer Testing Programs

A Maryland policy should define covered positions, legitimate testing reasons, selection procedures, collection and chain of custody, substances and cutoffs, Medical Review Officer review, refusals, confirmed-positive consequences, confidentiality, notice, and independent-verification rights. The policy and actual program should also account for contracts, collective bargaining, local rules, disability law, and any federal requirements.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Maryland city, ZIP code, or area entered for the donor.

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Legitimate Business Purpose and Authorized Laboratory

Health-General §17-214 defines job-related testing as testing used for a legitimate business purpose. A specimen generally must be tested by a laboratory holding a Maryland permit or an out-of-state laboratory certified or otherwise approved by the Maryland Department of Health.

At the person’s request, the employer must identify the testing laboratory by name and address at the time of testing.

Official source: Maryland General Assembly — Health-General §17-214

Applicant Preliminary Screens Require Confirmation

An employer may use a qualifying preliminary screening procedure for a job applicant unless a collective-bargaining agreement prohibits it. A preliminary screen may not be used on a person who is not applying for a job with that employer.

If the preliminary result is positive, the employer must submit the specimen to an authorized laboratory. After laboratory confirmation, a medical review officer must review the positive result.

Official source: Maryland General Assembly — Health-General §17-214(b), (j) and (l)

Specimen Types Are Defined by Statute

Maryland defines a specimen for job-related testing as blood, urine, saliva, or certain hair derived from the human body. Hair testing is limited to pre-employment controlled-substance testing.

A hair specimen may not be longer than one and one-half inches measured from the body and may not be used for a purpose other than controlled-substance testing.

Positive-Result Notice Is Time-Limited

After a confirmed positive result, the employer must provide a copy of the laboratory result, its written substance-use policy, any applicable notice of intended disciplinary or employment action, and notice of the right to request independent testing of the same specimen.

The required information must be delivered in person or by certified mail within 30 days after the test was performed.

Independent Verification Uses the Same Specimen

A person required to submit to job-related testing may request independent testing of the same specimen. Verification must be performed by a Maryland-permitted laboratory or an approved out-of-state laboratory.

The tested person pays the cost of the independent test. Employers should ensure their notice and specimen-handling process preserves this statutory option.

Official source: Maryland General Assembly — Health-General §17-214(c) and (e)

Prescription Information Has Disclosure Limits

A laboratory, physician, or other person generally may not reveal lawful nonprescription-drug use or medically prescribed drug use to the employer when the person can establish the prescription.

The statute contains exceptions related to federal commercial-motor-vehicle requirements and an applicant’s voluntary, documented medication disclosure following a positive preliminary screen.

Official source: Maryland General Assembly — Health-General §17-214(i)

Adult-Use Reform Did Not Set Workplace Rules

The Maryland Cannabis Administration states that the Cannabis Reform Act does not address cannabis use or impairment in the workplace. Individuals remain subject to existing laws and workplace substance-use or impairment policies.

The agency also states that the legislation does not address employer drug screening of employees or prospective employees.

Official source: Maryland Cannabis Administration — Adult-Use Cannabis FAQs

Medical-Cannabis Status Does Not Bar Testing

The Maryland Cannabis Administration’s patient guidance says Maryland law does not prevent an employer from testing a medical-cannabis patient for cannabis or taking action against an employee who tests positive.

Employers should still assess disability-accommodation duties, prescription disclosures, federal rules, contracts, collective bargaining, and consistent policy application before acting.

Official source: Maryland Cannabis Administration — Patient FAQ

Choosing THC or No-THC Panels

• Maryland law does not generally prevent employer cannabis testing.
• The written policy should state whether cannabis is included and identify its cutoffs.
• Apply the policy consistently to similarly situated applicants and employees.
• No-THC panels are available when marijuana is intentionally excluded from a non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

Federal Testing Is Separate

Maryland cannabis law does not alter federal DOT testing. DOT-regulated programs must test for marijuana under the federal panel and follow 49 CFR Part 40, regardless of adult-use legality, medical-cannabis status, or an employer’s non-DOT panel choices.

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.