Information provided is current as of August 5, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Possession/Personal Use Specifics
It is legal for adults over the age of 21 to purchase and possess up to an ounce of cannabis. Montana residents can grow up to four plants (2 mature, 2 seedlings) at home.
Marijuana may be consumed in private accommodations and private residences/property with the owner's permission. Marijuana may NOT be consumed in outdoor public spaces.
State Regulatory Agency Information
State Forms (If Applicable)
State Testing Policy
General Information
Montana allows drug and alcohol testing for specific job roles, requiring a written policy, and protecting employee privacy. Employers must follow strict regulations for testing procedures, including reasonable suspicion testing when there's a belief of employee impairment.
Establishing robust documentation is a key risk mitigant for employers in states like Montana.
Safety-Sensitive Positions
Montana law permits drug and alcohol testing for employees in hazardous workplaces, positions involving driving, fiduciary roles, and public safety.
Privacy Laws
Testing must be conducted according to the terms of written policies and procedures that must be adopted by the employer and must be available for review by all employees 60 days before the terms are implemented or changed.
Recommended Procedures
Does the state have recommended procedures?
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
The employer must have written policy and procedure that support a drug-free workplace for all employees. The policy may require that all potential employees pass a drug and alcohol test prior to beginning work at a facility; and include reference to pre-employment testing and ongoing drug testing in conformity with state law.
State Employee Procedures and Policies
Montana does not have a specific, statewide recommended drug policy for employers. While the state provides
legal frameworks for drug and alcohol testing in certain workplaces, it primarily relies on individual employers to establish their own policies within those legal boundaries.
Protections for Use Outside Workplace/Work Hours
Is Montana a "Right to Weed State"?
While legal off-duty marijuana use offers protection, employers can still terminate under specific circumstances. It hinges on factors such as: 1) Legality of the substance used, 2) Job duties and potential impairment risk (safety-sensitive roles have stricter rules), 3) Existence of a clearly communicated and enforced drug-free workplace policy, and 4) Montana's "just cause" standard requiring employers to demonstrate a legitimate reason for termination beyond just a failed test.
More Detailed Information
State Requirements for Drug & Alcohol Testing Program
Testing Policy Requirements
Main Requirement
Montana allows private employers broad discretion in drug testing, while public employees may face stricter guidelines due to state or federal regulations. Consult legal professionals for specific situations.
