MCC.6.3.040 Drug Testing

(a) If the crime, termination, eviction, denial of license, certification or permit issued by the Tribe or ineligibility of other Tribal benefit was because of the use or other drug offense, the applicant must test negative for illegal drugs and prescribed medication for which he/she does not have a valid prescription for.

(1) The applicant shall undergo testing at the LCO-CHC at the time scheduled for illegal drugs and prescribed medication for which they do not have a valid prescription as a prerequisite for obtaining a pardon. The laboratory evaluation of the sample will be carried out by a laboratory that is contracted with the LCO-CHC and is certified by either the College of American Pathologists or the National Institute on Drug Abuse. Such drug tests require laboratory testing as provided by the Mandatory guidelines for Federal Workplace Drug Testing Programs pursuant to 94 FR 28101, May 15, 2015 as amended, as minimum standards for the following five classes of drug and correlative cutoff concentrations: Marijuana; Cocaine; Opiates including opium and codeine derivatives such as Oxycodone, Oxymorphone, Hydrocodone, Hydromorphone, Amphetamines and Methamphetamines including Methylenedioxyamphetamine (MDA), Methylenedioxyethylamphetamine (MDEA); and Phencyclidine (PCP).

(A) In the event of a positive test result, a confirmation test will be performed by a laboratory specified in Section MCC.6.3.040(a)(1) above, using the original sample (not a new sample). The confirmation test will be based on a different analytical method of higher analytical certainty.

(B) An applicant who tests positive (upon completion of a confirmation test) for illegal drugs and/or prescribed medication for which they do not have a valid prescription, shall not be eligible for a pardon.

(D) An applicant whose drug test is adulterated or diluted shall not be eligible for a pardon.

(2) The results of the test will be released to the Committee.