Maine Department of Labor Publishes Guide to Marijuana in the Workplace

April 4, 2018

The State of Maine Department of Labor has published a guide on marijuana in the workplace on their Website at

Page 2 states:

• In Maine, marijuana is still on the list of substances for which an employer may test. Testing is only allowed if a company has a drug testing policy that has been approved by the Maine Department of Labor (MDOL). MDOL can approve testing based on the Substance Abuse Testing Law, which MDOL oversees. The law governing the use of recreational marijuana is overseen by the Maine Department of Agriculture, Conservation and Forestry and the medical marijuana law is overseen by Maine Department of Health and Human Services. MDOL is not able to provide advice as to whether taking disciplinary action or refusing to hire someone may violate these laws. The Department encourages employers to consult with private legal counsel 

The testable substances permitted in Maine have not changed. .

It is important to note that inaccurate information stating that workplace marijuana testing is not permitted in Maine has  been consistently published on the internet for a number of months. The foregoing is the most accurate and up to date information available.

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