Maine
Virginia: Legislative Updates
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APPLIES TO All Employers with Employees in ME |
EFFECTIVE JUL 29, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
HB 1425 amends Maine’s drug testing law to allow employers to conduct pre-employment, criteria-based, and reasonable suspicion testing, and an unannounced test after returning to work. The most significant changes are summarized below.
Criteria-Based Testing. The frequency of the substance use testing and the selection of persons being tested are based on a set event like the employment anniversary or promotion. It can also be client-required or site-specific.
Reasonable Suspicion Testing. Formerly known as probable cause testing, and requires specific and articulable facts that, taken together with rational inferences from those facts, reasonably support the belief that an employee may be under the influence of a substance. It requires observable physical, behavioral or psychological signs that can be seen, heard, smelled or otherwise observed that provide a reasonable suspicion that an employee is impaired by substance use, including signs regarding appearance, behavior, speech or odor that are usually associated with substance use.
Random Testing. Random testing requires a neutral selection method by which all employees have an equal chance of being selected for substance use testing.
Testing Upon Return to Work. After an employee returns to work following a confirmed positive result, the employer may require, request or suggest that the employee submit to one unannounced subsequent substance use test anytime between 90 days and one year after the date of the employee’s prior test.
Medical Use of Cannabis. The legal use of cannabis under the Maine Medical Use of Cannabis Act qualifies as a legitimate medical explanation for a confirmed positive result.
Rights Regarding a Non-Negative Test. An applicant or employee must be given the opportunity to contest a non-negative test result by discussing with the medical review officer or confirmation testing laboratory representative any legitimate medical explanation for the non-negative test result. The medical review officer determines if the reason is a legitimate medical explanation.
Action Items
- Review and update policies and procedures for drug testing.
- Have appropriate personnel trained on drug testing requirements.
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