Colorado employers are mostly governed by the Colorado Constitution Article XVIII, Section 16, and Colorado Revised Statutes § 24-34-402.5 when it comes to workplace drug testing. While employers have rights to maintain a drug-free environment, they must respect employees' lawful off-duty conduct, including the consumption of marijuana.
Marijuana in Colorado: Both medical and recreational marijuana are legal. Medical marijuana requires a recommendation, while recreational marijuana is available for all adults aged 21 and above.
You can review the specific constitutional provision here.
Drug Testing IssueStatusComments Instant or POCT TestingYes, with cautionLab confirmation is typically advised. Drug PanelsNo RestrictionsEmployer discretion based on company policy. LaboratoryLicensing requirementsSAMHSA-certified labs are preferred. Medical Review Officer (MRO)RecommendedFor precise result interpretation. Random TestingRestrictionsOften reserved for safety-sensitive roles. Post-AccidentNo RestrictionsEnsure consistent and transparent policy enforcement. Reasonable SuspicionYesSupervisor training and clear documentation is key. Oral FluidsNo RestrictionsAt employer's discretion. Hair TestingNo RestrictionsAt employer's discretion. Unemployment DenialYes, under conditionsIf termination results from drug policy violations. Workers Comp DiscountVariesSome benefits might be available with policy adherence. Intoxication DefenseYesClaims can be negated if intoxication is the causative factor. Medical MarijuanaRecommendation RequiredRecreational use is legal for adults 21 and above. Recreational MarijuanaYesLegal for all adults 21 and older. Report Driver DOT PositivesYesCompliance with federal and state reporting mandates is essential. General StatuteColorado Constitution Article XVIII, Section 16Influenced by both the constitution and revised statutes.
Please note: This data serves as a general guideline. Consulting with a Colorado legal expert or diving into state-specific legal resources for comprehensive and up-to-date information is always advisable.