Sec. 1. 26 MRSA §683, sub-§2, ¶G, as amended by PL 1989, c. 832, §6, is further amended to read:

G. The cutoff levels for both screening and confirmation tests at which the presence of a substance of abuse in a sample is considered a positive test result.

(1) Cutoff levels for screening tests for marijuana may not be lower than 50 nanograms of delta-9- tetrahydrocannabinol-9-carboxylic acid per milliliter for urine samples and for confirmation tests for marijuana may not be lower than 20 15 nanograms of delta-9-tetrahydrocannabinol-9-carboxylic acid per milliliter for urine samples.

(2) The Department of Human Services shall adopt rules under section 687 regulating screening and confirmation cutoff levels for other substances of abuse, including those substances tested for in blood samples under subsection 5, paragraph B, to ensure that levels are set within known tolerances of test methods and above mere trace amounts. An employer may request that the Department of Human Services establish a cutoff level for any substance of abuse for which the department has not established a cutoff level;

SUMMARY

This bill brings Maine law into conformance with all other state and federal government cutoff levels for screening and confirmation tests for marijuana use in employee substance abuse testing programs.