Frequently Asked Question
Arkansas Drug Testing Laws
Arkansas has codified its workplace drug testing laws under the Arkansas Statute §11-14-101 to §11-14-115. These laws offer detailed guidelines for employers, ensuring that drug testing is carried out with fairness and respect for the rights of employees. By following these statutes, employers can ensure they operate within the legal framework.
Marijuana in Arkansas: Medical marijuana is legal and requires a prescription from a licensed physician. Recreational use remains illegal.
You can review the specific statutes here.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Instant or POCT Testing | Yes, with caution | Follow up with laboratory confirmation is advisable. |
| Drug Panels | No Restrictions | Selected based on employer's policy. |
| Laboratory | Licensing requirements | SAMHSA-certified labs are preferred. |
| Medical Review Officer (MRO) | Required | Essential for an accurate interpretation of results. |
| Random Testing | Restrictions | Primarily for safety-sensitive positions. |
| Post-Accident | No Restrictions | Implement a consistent and clear policy. |
| Reasonable Suspicion | Yes | Ensure supervisory training and documentation. |
| Oral Fluids | No Restrictions | Employer's discretion. |
| Hair Testing | No Restrictions | Employer's discretion. |
| Unemployment Denial | Yes, specific conditions | Denial possible if termination was due to drug violations. |
| Workers Comp Discount | Possible with compliance | Benefits available if adhering to a drug-free workplace program. |
| Intoxication Defense | Yes | Can deny claims if intoxication is the proven cause. |
| Medical Marijuana | Prescription Only | Requires prescription; recreational use is illegal. |
| Recreational Marijuana | No | Remains illegal in Arkansas. |
| Report Driver DOT Positives | Yes | Mandatory reporting requirements. |
| General Statute | Arkansas Statute §11-14-101 to §11-14-115 | Adherence to state-specific regulations is essential. |
Please note: The provided information serves as a general overview. Always consult with local legal experts or review state-specific legal resources for detailed and current information.
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