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In regards to pre-employment drug testing, is an employer allowed to deny you, based on a positive test for a prescribed drug?

Dover, NH |

5 months ago I was scripted clonazapam(benzo diazapine class - schedule 3) the doctor told me it was for "AS NEEDED" use however the label says 1 per day, i have saved some of script since the last one I got 5 months ago because it was as needed.and after I decided to quit the job that was causing the panic attacks I didn't need them anymore so I saved them for future use. I have a employment drug screening in 5 days, and I'm worried I will fail the test as I did have a panic attack last week and took 2 of them to stop the attack, a home test kit(As expected) showed up positive for benzos, so I'm assuming the lab results will also, as the script is 5 months old is it still considered a legitimate prescription, as in if called out and I give the script ID # will it be declared as illegal?

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Attorney answers 1


The instructions on the label will likely control the handling of this.

No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

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