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Montana drug testing laws for employers

Montana's Workforce Drug and Alcohol Testing Act sets detailed rules, but only for workers in hazardous, security, public safety, driving, or fiduciary positions. Montana also protects lawful off-duty use of marijuana and other lawful products, unless the use affects job performance or safety or you act under an established substance abuse policy. Adult-use marijuana is legal, but you do not have to allow it at work.

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The state law

The act covers only workers in hazardous work, security positions, jobs affecting public safety or health, jobs where driving is part of the work, or jobs with fiduciary duties (MCA 39-2-206).
Hazardous work includes federally tested jobs, work on or near construction equipment, industrial machinery, or mining, and work near flammable materials, explosives, or toxic chemicals (MCA 39-2-206).
You must have a written policy that employees can review 60 days before it starts or changes, listing the drugs tested for, test types, sanctions, hiring policy, and dispute process (MCA 39-2-207).
Urine collection and confirmation must follow federal 49 CFR Part 40 rules, other sample types must be just as strict with split specimens, and positives must be confirmed by mass spectrometry (MCA 39-2-207).
An MRO must review and certify a positive result before you act on it, and the worker may tell the MRO about medications (MCA 39-2-207).
You pay for the testing and pay employees their regular rate for time spent testing (MCA 39-2-207).
You must give the worker a copy of the report, and at their request get the split sample retested at a lab they pick, with the employer paying if it comes back negative (MCA 39-2-209).
You may not take action if the worker gives a reasonable explanation or medical opinion that the result was not from illegal drug use or drinking (MCA 39-2-210).
Results are confidential and may be used only in limited legal proceedings (MCA 39-2-211).
For reasonable suspicion tests, supervisors must have the training required by federal rule 49 CFR 382.603 (MCA 39-2-208).
A breath alcohol result must be above 0.04 to count, and a certified breath alcohol technician must give the test (MCA 39-2-207).

Testing applicants

You may test any prospective employee as a condition of hire for a position the act covers (MCA 39-2-206, 39-2-208).
Your written policy must say how you treat applicants who test positive (MCA 39-2-207).

Random testing

For covered positions, random testing is allowed only by testing all employees on a set date or through a random program with a set period, a set rate, and a scientific random selection method (MCA 39-2-208).
A random program run that way must include all supervisors and managers in the pool (MCA 39-2-208).
Each employee must sign a statement that they got a written description of the random selection process, and you must keep it in their personnel file (MCA 39-2-208).
You may also test after an accident causing death, injury, or over $1,500 in property damage, on reasonable suspicion, and for follow-up up to 1 year after a positive (MCA 39-2-208).

Marijuana (recreational)

You may not refuse to hire or discriminate against someone for legally using marijuana off your premises during nonworking hours (MCA 39-2-313).
That protection does not apply if the use affects job performance or the safety of other employees, or conflicts with a bona fide job requirement (MCA 39-2-313).
You do not violate the off-duty law if you act based on an established substance abuse or alcohol policy, a professional contract, or a union contract (MCA 39-2-313).
The marijuana law does not require you to allow marijuana at work and lets you discipline, fire, or refuse to hire for violating a workplace drug policy or being intoxicated at work (MCA 16-12-108).
The marijuana law gives no wrongful discharge or discrimination claim against an employer (MCA 16-12-108).

Also good to know

A worker gets no workers' comp if non-prescribed alcohol or drug use was the major cause of the accident, and refusing a post-accident test that follows Montana's testing act creates a presumption that it was (MCA 39-71-407).

Common questions

Is drug testing legal for employers in Montana?

Can employers in Montana test applicants before hiring?

You may test any prospective employee as a condition of hire for a position the act covers (MCA 39-2-206, 39-2-208).

Is random drug testing allowed in Montana?

For covered positions, random testing is allowed only by testing all employees on a set date or through a random program with a set period, a set rate, and a scientific random selection method (MCA 39-2-208).

Can a Montana employer act on a positive marijuana test?

You may not refuse to hire or discriminate against someone for legally using marijuana off your premises during nonworking hours (MCA 39-2-313).

Some rules for Montana weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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