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:
|
State |
Who Does the Law Cover? |
What Does the Law Say? |
|
Alabama |
Any employer, public or private. |
Employers may drug test after providing a copy of their policy and making a conditional offer of employment. Workplace drug testing, including for marijuana, is allowed with a 60-day notice period. Private employers implementing a drug-free workplace program qualify for a discount on workers’ compensation insurance in Alabama. |
|
Alaska |
Any employer, including educational institutions and local schools. |
No testing restrictions. Testing positive for drugs and alcohol may lead employers to decline employment. Recreational marijuana is legal, and pre-employment cannabis tests are permitted. |
|
Arizona |
Private employers, school transit suppliers, and school districts. |
Employers may drug test after providing a copy of their policy. They must also make reasonable accommodations for medical marijuana users. Employers may decline to hire those who refuse drug tests. There are mandatory tests for school bus drivers. |
|
Arkansas |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must provide for medical marijuana users. |
|
California |
Public state agencies. Private employers have limited testing rights. |
Mandatory testing for public transit drivers. Testing allowed for “sensitive” state positions. Private employers may not discriminate against recreational or medicinal marijuana users. Pre-employment drug tests are only permitted after a conditional offer of employment. |
|
Colorado |
No state drug testing laws. |
State defers to federal law on drug tests. Medical and recreational marijuana is legal. However, employers are not required to accommodate users. |
|
Connecticut |
Private employers. |
Employers may drug test after providing a copy of their policy. Exemptions exist for mining, manufacturing, construction, utilities, transportation, education, healthcare, and other industries. No notice of pre-adverse action is required—no repeat drug tests on returning employees until 12 months after their prior termination date. Employers must accommodate medical marijuana users. |
|
Delaware |
Drug testing is required for schools (public and private), school bus drivers, homecare, and state corrections officers. |
Mandatory testing for corrections officers and school bus drivers. Private employers defer to federal drug testing laws. Medicinal marijuana is legal, and employers must accommodate users. |
|
District of Columbia |
No local drug testing laws. |
The state generally defers to federal law on drug tests for private employers. However, they may not test for marijuana until after a conditional offer of employment. Government employees are subject to unique drug testing laws in D.C. |
|
Florida |
Law enforcement, public agencies working with “safety-sensitive” information, and private employers of 3+ people. |
Employers may drug test after providing a copy of their policy. Employers may decline to hire those who refuse tests. Medical marijuana is legal. Recreational use is not. |
|
Georgia |
Private employers, school transit suppliers, and the state government. |
Testing is allowed in public schools, private companies, and state agencies. Refusal to submit to a test blocks applicants from public employment for two years. Private employers may conduct random drug tests and do not have to accommodate medical marijuana users. Recreational marijuana use is illegal in Georgia. |
|
Hawaii |
Any employer, public or private. |
Employers may drug test after providing a copy of their policy but must permit applicants to disclose OTC and prescription drugs they take. There are no restrictions on pre-employment marijuana testing in Hawaii. The city of Honolulu mandates tests for public employment. |
|
Idaho |
Any employer, public or private. |
Testing is broadly allowed with or without a conditional employment offer. Random drug testing is permitted, provided employers communicate their drug policies. All marijuana use is illegal in Idaho. |
|
Illinois |
Any employer, public or private. |
No specific prohibitions or policies. Testing is allowed at any time during the hiring process. Employers must accommodate medical marijuana users in pre-employment drug tests. |
|
Indiana |
No state drug testing laws. |
State defers to federal law on drug tests, with specific requirements for the child-care industry. All marijuana use is illegal in Indiana. |
|
Iowa |
Any employer, public or private. |
Employers must advertise and include on applications notice that a drug test will be required. They must also inform applicants of the substances for which they will be tested. All marijuana use is illegal in Iowa. Unannounced, random drug testing is permitted. |
|
Kansas |
The state government. |
The law applies to “safety-sensitive” state jobs. Employers may drug test after including notice that a drug test will be required and making a conditional offer of employment. All marijuana use is illegal in Kansas. |
|
Kentucky |
No state drug testing laws. |
State defers to federal law on drug tests. Marijuana is legal for medical use. However, employers do not have to accommodate medical users. |
|
Louisiana |
Any employer, public or private, when not otherwise federally mandated to conduct drug tests. |
No restrictions on workplace drug testing. Medical marijuana is legal in Louisiana. |
|
Maine |
Any employer, public or private. |
An employer may only drug test after making a conditional offer of employment. Employers with over 20 employees may only run substance testing programs if they have employee assistance programs. Employers must accommodate medical marijuana users in Maine. |
|
Maryland |
Any employer, public or private. |
Drug testing is allowed at any time before a candidate starts working. Employers must disclose which laboratory they work with. Employers must accommodate medical marijuana users in Maryland. |
|
Massachusetts |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must accommodate medical marijuana users in Massachusetts. |
|
Michigan |
No state drug testing laws. |
State defers to federal law on drug tests. |
|
Minnesota |
Any employer, public or private. |
Employers may drug test after providing a copy of their policy and making a conditional offer of employment. Tests must be required of all employees. Employers must accommodate medical marijuana users in Minnesota. |
|
Mississippi |
Any employer, public or private. |
No restrictions. Medical marijuana is legal in Mississippi, but employers do not need to accommodate medical users. |
|
Missouri |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must accommodate medical marijuana users in Missouri. |
|
Montana |
Any employer, public or private. |
Drug testing is required for transport jobs, security jobs, jobs with fiduciary responsibility, and hazardous environmental work. Employers must accommodate medical marijuana users in Montana. |
|
Nebraska |
Public employers and private employers of 6+ people. |
No restrictions. Employees who refuse testing may be terminated. All marijuana use is illegal in Nebraska. |
|
Nevada |
State government employers. |
Testing required for public safety-adjacent positions. Employers are prohibited from rejecting a job candidate based on a positive cannabis test and must accommodate medical marijuana users. |
|
New Hampshire |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must accommodate medical marijuana users in New Hampshire. |
|
New Jersey |
Any employer, public or private. |
Testing is allowed, but positive results for recreational cannabis use in private time cannot be grounds for refusal to hire. |
|
New Mexico |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must accommodate medical marijuana users in New Mexico. |
|
New York |
No state drug testing laws. |
State defers to federal law on drug tests. Mandatory drug testing for commercial drivers. NY employers cannot use marijuana test results as a basis for employment. |
|
North Carolina |
Any employer, public or private. |
No restrictions; however, employers must send positive drug test results for verification at an approved lab. All marijuana use is illegal in NC. |
|
North Dakota |
No state drug testing laws. |
State defers to federal law on drug tests. Marijuana is legal for medical use in North Dakota. |
|
Ohio |
Any employer, public or private. |
Employers may drug test after providing a copy of their policy and making a conditional offer of employment. Employers may fire or discipline employees who fail a test for marijuana. |
|
Oklahoma |
Any employer, public or private. |
Employers may drug test after providing a copy of their policy and making a conditional offer of employment. Notice must provide detailed information about drug testing procedures and evaluation methods. Employers must accommodate medical marijuana users in Oklahoma. |
|
Oregon |
Any employer, public or private. |
Employers may test under "reasonable suspicion" and do not need to accommodate marijuana users, medical or recreational. |
|
Pennsylvania |
No state drug testing laws. |
State defers to federal law on drug tests. Employers must accommodate medical marijuana users in Pennsylvania. In Philadelphia, employers are prohibited from conducting pre-employment drug tests for marijuana. |
|
Rhode Island |
Any employer, public or private. |
No drug screening until an employment offer has been made. They may not fire an employee on the grounds of a positive drug test alone. Public employers may only test for public safety positions or where otherwise required by law. |
|
South Carolina |
Any employer, public or private. |
No restrictions. All marijuana use is illegal in South Carolina. |
|
South Dakota |
State government employers. |
Employers may drug test only after making a conditional offer of employment and only for safety-sensitive positions. Employers must advertise that a drug test will be required. Medical marijuana is legal in South Dakota, but employers do not have to accommodate medical users. |
|
Tennessee |
The Department of Corrections and private employers |
No restrictions for DOC employees. Private employers may only drug test after making a conditional offer of employment. All marijuana use is illegal in Tennessee. |
|
Texas |
No state drug testing laws. |
State defers to federal law on drug tests. All marijuana use is illegal in Texas. |
|
Utah |
Local governments, state colleges, universities, and private employers. |
No restrictions in the private sector. Government and state education must provide a written policy and advance notice. Employers may decline to hire those who refuse tests. Medical marijuana use is legal in Utah. |
|
Vermont |
Any employer, public or private. |
Employers may only drug test their employees if they have a rehabilitation program in place. No random drug testing is allowed unless required by federal law. |
|
Virginia |
No state drug testing laws. |
Testing is allowed, but positive results for cannabis use cannot be grounds for refusal to hire. |
|
Washington |
Private employers who wish to receive a state-derived worker's compensation discount for participation. |
Employers may drug test after providing a copy of their policy and advance written notice of intent to test. Pre-employment drug testing for cannabis is prohibited except for safety-sensitive positions. |
|
West Virginia |
All employers. |
Employers may use drug test results as a condition for hire or continued employment. No accommodations for medical marijuana users are required. |
|
Wisconsin |
All employers. |
Employers must provide notice no more than three days before the sample collection. All marijuana use is illegal in Wisconsin. |
|
Wyoming |
No state drug testing laws. |
State defers to federal law on drug tests. All marijuana use is illegal in Wyoming. |
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.
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About Michael Klazema The author
Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments
