Pre-Employment Drug Testing Laws By State 2022

Breaking Down Drug Testing Laws State by State

Understanding your job applicants is fundamental to making smart choices when you need to hire talented individuals to join your team. However, it may be important to go beyond a well-rounded background check procedure by asking applicants to submit to a drug test for employment.

Drug screening is a very common step for positions across the nation. In some states, employers even have the power to carry out random drug tests on existing employees without additional authorization.

The Importance of Pre-Employment Drug Screening

A drug test can help you 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 serious safety risks, such as in positions involving the supervision of children or the operation of industrial machinery. The purpose of a drug test isn’t to weed out applicants unfairly but rather to protect the business from these risks. Habitual intoxication poses problems for the public, co-workers, and the employer.

There are many times when a pre-employment drug test is a smart addition to the hiring process. However, just as with background checks, there is a patchwork of laws across the nation that define how and when applicants must submit to drug tests. While there are no federal laws requiring drug tests, there are some rules at the federal level that employers must follow—especially in the transit industry.

As background check and drug testing laws vary from state to state, it is key for businesses to understand which rules apply to them and how to use these vetting tools effectively and in full compliance with the law.

Breaking Down Drug Testing Laws State by State as of 2022

What are some of the most notable laws governing the drug test for employment in each state? It’s important to have a clear understanding of your region of operation—for example, in California, you must make a conditional job offer before asking a candidate to consent to a drug test. Just as with the use of background checks, you must have a compliant plan in place for using drug tests.

Here’s a quick overview of the key drug screening laws in effect in all 50 states, plus Washington, D.C.:

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.
Alaska	Any employer, including educational institutions and local schools.	No testing restrictions. Employers may decline to hire those who refuse tests or test positive.
Arizona	Private employers, school transit suppliers, and school districts.	Employers may drug test after providing a copy of their policy. Employers may decline to hire those who refuse tests. Mandatory tests for school bus drivers.
Arkansas	No state drug testing laws.	State defers to federal law on drug tests.
California	Public state agencies.	Mandatory testing for public transit drivers. Testing allowed for “sensitive” state positions.
Colorado	No state drug testing laws.	State defers to federal law on drug tests.
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 some 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.
Delaware	All schools (public and private), school bus drivers, and state corrections officers.	Mandatory testing for corrections officers and school bus drivers.
District of Columbia	No local drug testing laws.	State defers to federal law on drug tests.
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.
Georgia	Private employers, school transit suppliers, and the state government.	Testing allowed in public schools, private companies, and state agencies. Refusal to submit to a test blocks applicants from public employment for a period of two years.
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. City of Honolulu mandates tests for public employment.
Idaho	Any employer, public or private.	Testing broadly allowed.
Illinois	Any employer, public or private.	No specific prohibitions or policies.
Indiana	No state drug testing laws.	State defers to federal law on drug tests.
Iowa	Any employer, public or private.	Employers must advertise and include on applications notice that a drug test will be required.
Kansas	The state government.	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.
Kentucky	No state drug testing laws.	State defers to federal law on drug tests.
Louisiana	Any employer, public or private, when not otherwise federally mandated to conduct drug tests.	No restrictions.
Maine	Any employer, public or private.	Employers may drug test after providing a copy of their policy. Employers may decline to hire those who refuse tests.
Maryland	Any employer, public or private.	No restrictions.
Massachusetts	No state drug testing laws.	State defers to federal law on drug tests.
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.
Mississippi	Any employer, public or private.	No restrictions.
Missouri	No state drug testing laws.	State defers to federal law on drug tests.
Montana	Any employer, public or private.	Allows the state to test applicants for transport jobs, security jobs, jobs with fiduciary responsibility, and hazardous environmental work.
Nebraska	Public employers, and private employers of 6+ people.	No restrictions.
Nevada	State government employers.	Allows testing for public safety-adjacent positions.
New Hampshire	No state drug testing laws.	State defers to federal law on drug tests.
New Jersey	Any employer, public or private.	Testing allowed, but positive results for cannabis use outside of work cannot be grounds for refusal to hire.
New Mexico	No state drug testing laws.	State defers to federal law on drug tests.
New York	No state drug testing laws.	State defers to federal law on drug tests.
North Carolina	Any employer, public or private.	No restrictions.
North Dakota	No state drug testing laws.	State defers to federal law on drug tests.
Ohio	Any employer, public or private.	Employers may drug test after providing a copy of their policy and making a conditional offer of employment.
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 used by the business.
Oregon	Any employer, public or private.	Testing only allowed if the employer has "reasonable suspicion" the applicant is or was intoxicated.
Pennsylvania	No state drug testing laws.	State defers to federal law on drug tests.
Rhode Island	Any employer, public or private.	Private employers may drug test after providing a copy of their policy and making a conditional offer of employment. Public employers may only test for public safety positions or where otherwise required by law.
South Carolina	Any employer, public or private.	No restrictions.
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.
Tennessee	The Department of Corrections.	No restrictions.
Texas	No state drug testing laws.	State defers to federal law on drug tests.
Utah	Local governments, state colleges and 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.
Vermont	Any employer, public or private.	Employers may only drug test after providing a copy of their policy, making a conditional offer of employment, and including drug tests as part of a physical examination.
Virginia	No state drug testing laws.	Testing allowed, but positive results for cannabis use cannot be grounds for refusal to hire.
Washington	Private employers who wish to receive a state-derived workers compensation discount for participation.	Employers may drug test after providing a copy of their policy and advance written notice of intent to drug test.
West Virginia	No state drug testing laws.	State defers to federal law on drug tests.
Wisconsin	No state drug testing laws.	State defers to federal law on drug tests.
Wyoming	No state drug testing laws.	State defers to federal law on drug tests.

Changes in drug testing laws do occur, so you should stay up to date on what’s happening in your state of operations. Following the law closely is critical for compliance and avoiding claims of discrimination or illegal behavior.

When Does Federal Law Supersede State Drug Testing Law?

There are some job categories in which federal rules on drug tests apply, and employers must abide strictly by those rules. These rules primarily apply when a position and its duties fall under the purview of the federal Department of Transportation. Generally, if an individual holds a commercial driver license (CDL) and seeks employment from a DOT-licensed provider, they 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 DOT procedures and pass a second test. Because marijuana is still listed as a Schedule I drug at the federal level, DOT drug tests do screen for cannabis—and its presence in a result is disqualifying even if the individual resides in a state with legal cannabis.

Conclusion

Drug tests can tell you important information as an employer and help you zero in on the best candidates for a job when you use them in conjunction with a thorough background check. However, it is vital to understand the shifting landscape surrounding drug testing laws and drug usage.

The growing availability of cannabis, both recreationally and medicinally, means that some employers need to recalculate how they interpret positive tests that show marijuana. With 37 states supplying legal medicinal marijuana and 20 legalizing recreational use, it’s a factor you can’t overlook.

Building a smart hiring process demands looking at applicants from every angle, including both their background and their potential substance abuse history. Find out how to equip your business with effective drug screening solutions to keep your hiring pipeline flowing.

Pre-Employment Drug Testing Laws By State 2022

Breaking Down Drug Testing Laws State by State

The Importance of Pre-Employment Drug Screening

Breaking Down Drug Testing Laws State by State as of 2022

When Does Federal Law Supersede State Drug Testing Law?

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Breaking Down Drug Testing Laws State by State

The Importance of Pre-Employment Drug Screening

Breaking Down Drug Testing Laws State by State as of 2022

When Does Federal Law Supersede State Drug Testing Law?

Conclusion

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Resources Topics

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