Breaking Down Drug Testing Laws State by State

Vetting your job applicants is fundamental to hiring a solid team that works well together. While background checks are a good start, sometimes it may be worth going beyond a simple screening and conducting pre-employment drug tests. Drug screening is a prevalent step for positions across the nation. In some states, employers even have the power to perform random drug tests on existing employees without additional authorization.

The Importance of Pre-Employment Drug Screening

A drug test can help determine whether someone is trustworthy and safe enough to bring into your business. Serious drug use could impair a new hire’s ability to work effectively. In some cases, it could create safety risks, such as in childcare roles or those involving industrial machinery. The purpose of a drug test isn’t to weed out applicants unfairly but to protect the business from these risks. Habitual intoxication poses problems for the public, co-workers, and the employer.

Pre-employment drug testing programs are smart additions to most hiring processes. Although federal drug testing laws do not always impact private employers, there is a patchwork of state regulations to follow. Like background checks, drug testing laws differ by state, and it’s essential to keep up to date on the latest regulations in your region.

Breaking Down Pre-Employment Drug Testing Laws by State (2024)

What are the pre-employment and random drug testing laws in each state? Here’s a quick overview of the latest pre-employment drug testing laws from NY to CA:

Drug testing laws are constantly evolving, so it’s vital to stay up to date with the regulations in your state. Following the law closely is critical for compliance and fair hiring practices.

When Does Federal Law Supersede State Drug Testing Laws?

According to the Drug-Free Workplace Act of 1988, all federal agencies must implement a drug-free workplace policy. This law also applies to federal contractors with contracts above $100,000 and anyone funded by federal grants. Most county jobs require a drug test, including positions at libraries, law enforcement agencies, schools, etc.

Businesses that operate under The Department of Transportation (DOT) are also subject to federal drug testing laws. Generally, individuals who hold a Commercial Driver's License (CDL) will need to submit to a five-panel pre-employment drug test.

Failing this test means an individual cannot work in transportation until they follow the DOT procedures and pass a second test. Marijuana is still listed as a Schedule I drug at the federal level, and DOT drug tests do screen for cannabis. Testing positive for marijuana is a disqualifying offense even if the individual resides in a state where recreational cannabis use is legal.

Conclusion

Drug tests can help you zero in on the best candidates for a job, especially when you use them alongside a thorough background check. However, understanding the shifting landscape surrounding drug testing laws and drug usage is vital.

The growing availability of cannabis, recreationally and medicinally, means that some employers need to recalculate how they interpret positive tests that show marijuana. With 38 states supplying legal medicinal marijuana and 24 legalizing recreational use, it’s a factor you can’t overlook.

Creating a thorough hiring process demands researching applicants thoroughly, including their background and potential substance abuse history. Equipping your business with effective drug-screening solutions will keep your hiring pipeline flowing.