Employer drug testing in plain English: federal rules, DOT and state laws

Alaska’s testing law is voluntary, but following it shields you from most testing lawsuits. Adopt a written policy, give employees 30 days’ notice before a new program, tell applicants they will be tested, and pay all costs. Confirm every positive by GC/MS and have a physician review it; the physician contacts the employee within 48 hours. Give written results within 5 working days of a request, and if an employee asks in writing within 10 working days to explain a positive, meet within 72 hours or before you act. Alaska’s marijuana laws do not protect employees.

• Who it covers. Employers with one or more full-time employees. Compliance with AS 23.10.600-23.10.699 is voluntary; following it protects the employer from most lawsuits over testing.
• Applicants. Employers may test prospective employees for drugs (not alcohol) and must tell applicants they must undergo drug testing. The employer pays the full cost for applicants too.
• Employees. Under the written policy, testing for any job-related purpose consistent with business necessity: possible impairment, accidents (as soon as practicable, of employees reasonably believed to have contributed), safety, productivity or security, and reasonable suspicion. Random testing is allowed (‘random’ means every covered employee has an equal chance). The policy must name the employees or positions tested.
• Policy and notice. Adopt a written policy and inform employees (copy or handbook/posting) before testing. Start a new program no sooner than 30 days after notice. The policy must list required items, including the right to a confirmatory test reviewed by a physician, the right to written results, and the right to explain a positive in a confidential setting. Designate at least one employee trained 60 minutes on alcohol and 60 minutes on controlled substances to judge reasonable suspicion.
• Testing process. Samples: urine, oral fluid or breath. Lab approved or certified by SAMHSA or CAP (except on-site tests). Every positive, including on-site, must be confirmed by GC/MS and reviewed by a licensed physician (MD or DO), who contacts the employee within 48 hours, evaluates legal use, and reports prescription-caused results as negative. HHS cutoffs apply where set. No permanent action on an unconfirmed on-site screen. Employer pays all costs and travel; employee tests are paid work time. Results are confidential. AS 23.10.615 AS 23.10.620(a)
• Other limits. Under the act, samples are urine, oral fluid or breath only; on-site tests must be FDA-approved, run by a manufacturer-trained and certified administrator in the person’s sight, and confirmed before any permanent action. If temporary action is taken and the confirmation is negative or explained by a valid prescription, wages and benefits must be restored. AS 23.10.645(c)
• Workers’ comp benefits. No compensation for an injury proximately caused by intoxication or by being under the influence of drugs, unless the drugs were taken as the employee’s physician prescribed. The claim starts with a presumption that the injury was NOT caused by intoxication or drugs; the employer must bring substantial evidence to overcome it. AS 23.30.235(2) AS 23.30.120(a)(3)
• Deadline: 30 days (the statute says ’30 days’; calendar days by our reading) from Employer notifies employees of intent to start a testing program and makes the policy available: Earliest date testing may begin. AS 23.10.620(e)
• Deadline: 48 hours from Physician (MRO) receives the confirmed positive result: Physician contacts the employee and offers to discuss the result. AS 23.10.640(d)(1)
• Deadline: 10 working days (request window); hours (meeting) from Employee is notified of a positive result: If the employee asks in writing within 10 working days to explain a positive, the employer must give the chance, in a confidential setting, within 72 hours after receiving the written notice, or before taking adverse employment action. AS 23.10.620(b)(9)
• Deadline: 72 hours from Employer receives the employee’s written request to explain (made within 10 working days): Employer provides the confidential meeting, or before taking adverse employment action. AS 23.10.620(b)(9)
• Deadline: 5 working days from Employer receives an employee’s written request for results (made within 6 months of the test): Employer provides written test results. AS 23.10.620(b)(8)

Alabama has no general law that limits private-employer drug testing, and its medical cannabis law gives no job protection. If you want the 5% workers’ comp discount, follow Ala. Code 25-5-330 to 25-5-340 and get certified by the Workers’ Compensation Division each year: test applicants after the offer, give written notice and a policy, confirm positives at an approved lab, and tell the person in writing within five working days. A positive test run to DOT (49 CFR Part 40) standards is a conclusive presumption of impairment in a workers’ comp claim.

• Other limits. No hair-testing limit, random-testing ban or local ordinance found; the program article expressly allows random testing. Workers’ comp: no benefits for an accident caused by impairment from illegal drugs; a positive test run under 49 CFR Part 40 standards is a conclusive presumption of impairment, and refusing a post-accident blood or urine test forfeits benefits if the employer warned in writing. Ala. Code 25-5-51 Ala. Code 25-5-51
• Workers’ comp program. Alabama’s Drug-Free Workplace Program (Ala. Code 25-5-330 to 25-5-340). An employer certified by the Workers’ Compensation Division (Workforce Alabama) gets a 5% workers’ comp premium reduction after it tells its insurer in writing. Certification is required each year, for up to four years. Self-insurers and group self-insurance fund members are excluded. Ala. Code 25-5-332 Ala. Code 25-5-337
• Workers’ comp benefits. No compensation for an injury caused by the employee being intoxicated by alcohol or impaired by illegal drugs. A positive test run and evaluated under DOT’s 49 CFR Part 40 standards is a conclusive presumption of impairment. An employee who refuses a post-accident blood or urine test loses benefits, but only if the employer warned in writing that refusal forfeits them. Ala. Code 25-5-51 (existing-law text as set out in 2013 HB28, introduced) Ala. Code 25-5-51 (existing-law text in 2013 HB28)
• Penalties. No general penalty; the program is voluntary and the article creates no cause of action for failing to test. A program employer that misrepresented compliance can be charged an additional premium to repay the discount and its policy can be canceled. Ala. Code 25-5-338 Ala. Code 25-5-332
• Deadline: 5 working days from Employer receives a positive confirmed test result from the lab: Employer informs the employee or applicant in writing of the result, the consequences and the options. Ala. Code 25-5-335
• Deadline: 5 working days from Written notice of the positive test result to the employee or applicant: Last day for the person to contest or explain the result to the employer. Ala. Code 25-5-334
• Deadline: 60 days (the statute says ’60 days’; calendar days by our reading) from General one-time notice to all employees that a testing program is starting (employers with no program on July 1, 1996): Earliest day actual testing may begin. Ala. Code 25-5-334
• Deadline: 7 working days from Lab receives the sample: Lab discloses a written test result report to the employer. Ala. Code 25-5-335
• Deadline: 1 year from Reasonable suspicion test documented: Earliest date the employer may discard the original written documentation. Ala. Code 25-5-335

Arkansas does not require private employers to test. For the workers’ comp credit (at least 5%), join the voluntary Rule 36 program and renew acceptance each year: give a one-time written policy and 60 days’ notice before the program starts, test applicants after a conditional offer, test on reasonable suspicion and after injury accidents (collect within 8 hours for alcohol, 32 hours for drugs), pay for required tests, and let people explain a positive to the MRO within 5 working days. If you have nine or more employees, do not penalize someone for being a medical marijuana patient; a positive test alone is not proof of use at work, but you may keep patients out of safety-sensitive jobs, including ones you designate in writing.

• Who it covers. Private employers are not required to test. Employers that choose the voluntary drug-free workplace program (Ark. Code 11-14-101 et seq.; AWCC Rule 099.36, ‘Rule 36′) must follow its steps to get a workers’ comp premium credit and related benefits.
• Applicants. A ‘job applicant’ under Rule 36 is someone with a conditional offer. After a conditional offer, Rule 36 employers must drug test applicants and may refuse to hire for a refusal or a confirmed, verified positive.
• Employees. Rule 36 employers must test on reasonable suspicion (collection within 8 hours for alcohol, 32 hours for drugs) and after an accident causing injury (same 8/32-hour limits), among other required tests. Random and other lawful testing is allowed in addition. Employees not in safety-sensitive positions may be alcohol-tested only on reasonable suspicion.
• Policy and notice. Before testing, give a one-time written policy statement to all employees and job applicants with the required contents (policy, test types, consequences, employee protections, confidentiality, refusal consequences, EAP/rehab contacts, and more). Allow at least 60 days between a general one-time notice to all employees and the program’s effective date. Put testing notice on vacancy announcements for tested positions and post the policy. To leave the program, give the insurer and the Division 60 days’ written notice by certified mail.
• Testing process. Confirmation test different in scientific principle; MRO review. A person with a confirmed positive may contest or explain it to the MRO within 5 working days after written notice. The employer pays for tests it requires; the person pays for extra tests. Results are confidential. Education/awareness and approval by the Commission each year are required. AWCC Rule 099.36 V.D.1 AWCC Rule 099.36 V.A
• Medical cannabis. Employers with nine or more employees in Arkansas (in 20 or more calendar weeks this year or last) may not discriminate in hiring, firing or terms of employment based on a person’s past or present status as a qualifying patient or designated caregiver. Employers may still run a drug-free workplace policy with testing; act on a good-faith belief that a patient used marijuana or was under the influence at work or during work hours (a positive test alone cannot be the sole basis); and exclude a patient from a safety-sensitive position on a good-faith belief of current use, which is presumed from a positive test. Safety-sensitive positions include DOT safety-sensitive functions and positions the employer designates in writing. A claim must be brought within one year; damages follow the Arkansas Civil Rights Act limits. Ark. Const. amend. 98, sec. 3(f)(3)(A), as amended by Act 593 of 2017 Ark. Const. amend. 98, sec. 3(f)(3)(B)(ii), as amended by Act 593
• Workers’ comp program. Arkansas’s voluntary drug-free workplace program (Ark. Code Ann. 11-14-101 et seq.; Workers’ Compensation Commission Rule 099.36). An employer applies to the Commission’s division every year. Once accepted, it gives the acceptance form to its insurer and gets a workers’ comp premium credit of at least 5% (unless the Insurance Commissioner finds 5% actuarially unsound). The credit is lost if the program lapses during the policy period. AWCC Rule 099.36 XV AWCC Rule 099.36 XIII.D
• Workers’ comp benefits. Under a Rule 36 program, an employee who tests positive at the rule’s levels, or refuses a test, may be fired and may be barred from workers’ comp medical and indemnity benefits. A job applicant who tests positive or refuses may be refused a job. AWCC Rule 099.36 I.C
• Deadline: 5 working days from Employee or applicant receives written notification of a positive confirmed result: Person may contest or explain the result to the MRO. AWCC Rule 099.36 IX.B
• Deadline: 32 hours from The precipitating incident (reasonable suspicion) or an accident that results in an injury: Latest drug specimen collection; for alcohol, 8 hours. AWCC Rule 099.36 V.D
• Deadline: 60 days (the rule says ‘sixty (60) days’) from Employer gives a general one-time notice to all employees that a drug-free workplace program is being implemented: Earliest effective date of the program. AWCC Rule 099.36 IV.B
• Deadline: 8 hours from Incident giving reasonable suspicion: Latest alcohol specimen collection (32 hours for drugs). AWCC Rule 099.36 V.D

Arizona’s drug testing law is voluntary, but following it gives you strong protection from lawsuits. Put testing in a written policy available to all employees, tell applicants they will be tested, include all employees (officers and supervisors too), confirm employee positives at an approved lab, and pay for employee tests. Do not penalize a registered medical marijuana patient for a positive test alone unless they used, possessed or were impaired at work or during work hours; you may move an employee out of a safety-sensitive job on a good-faith belief that current drug use could impair performance.

• Who it covers. Employers (private and public) with one or more full-time employees. Compliance with A.R.S. 23-493 to 23-493.11 is voluntary; an employer that follows it gets strong protection from lawsuits.
• Applicants. The employer must tell applicants they must undergo drug testing. The employer may choose, at its discretion, to pay for applicant tests. A positive drug test or a refusal to give a sample may be a basis to refuse to hire.
• Employees. Within a written policy, testing for any job-related purpose consistent with business necessity: suspected impairment, accidents (as soon as practicable, of employees reasonably believed to have contributed), safety, productivity or security, and reasonable suspicion. Random testing is allowed. All compensated employees, including officers and supervisors, must be uniformly included.
• Policy and notice. A written policy distributed to every tested employee or made available like other personnel policies (handbook or posting). It must state the policy, who is tested, when, which substances, methods, consequences of refusal and of results, the right to get written results, the right to explain a positive in a confidential setting, and confidentiality.
• Testing process. Sanitary, documented collection; the person can report prescriptions or other relevant information. Lab approved or certified by HHS, the College of American Pathologists, or the Arizona Department of Health Services. Employee positives must be confirmed with a different method (GC/MS or comparable). Employee tests count as work time; the employer pays for required employee tests and reasonable travel. Results are confidential; employees may get their written results. A.R.S. 23-493.04(A) A.R.S. 23-493.04(C)
• Medical cannabis. Unless it would cost the employer a monetary or licensing related benefit under federal law, an employer may not discriminate in hiring, firing or job terms against a person for cardholder status, or against a registered patient for a positive marijuana test, unless the patient used, possessed or was impaired by marijuana at work or during work hours. Separately, an employer that follows the testing article is protected when it removes an employee from a safety-sensitive position on a good-faith belief of current drug use, legal or prescribed included, that could impair job performance. The employer may designate which jobs are safety-sensitive. A.R.S. 36-2813(B)(2) A.R.S. 23-493.06(A)(7)

California employers may still drug test applicants. With 5 or more employees, do not reject or penalize anyone for off-duty cannabis use or for a test that finds only nonpsychoactive cannabis metabolites, and do not ask applicants about past cannabis use; a preemployment test that detects only active THC is allowed. The exceptions are building and construction trades, federal background investigation or clearance jobs, and testing required by state or federal law. With 25 or more employees, reasonably accommodate an employee who asks to enter rehab. In San Francisco, test a current employee only on reasonable grounds of on-the-job impairment that creates a clear safety danger, pay for an independent retest, and never test at random.

• Off-duty cannabis. Employers (5+ employees, per the CRD FAQ) may not discriminate in hiring, firing or any term of employment based on a person’s off-the-job, away-from-work cannabis use, or on an employer-required drug test that finds nonpsychoactive cannabis metabolites. The off-job-use clause does not stop an employer from acting on scientifically valid preemployment drug screening that does not screen for nonpsychoactive metabolites. Employers may not ask applicants about prior cannabis use; prior-use information in criminal history is handled under Gov. Code 12952 (Fair Chance Act) or other law. Exceptions: employees in the building and construction trades (from the use/test clauses only), positions needing a federal background investigation or security clearance, and testing required by state or federal law, federal funding, federal licensing or a federal contract. No right to possess, use or be impaired by cannabis at work. In force since 2024-01-01. Gov. Code 12954(a)(1)(B) Gov. Code 12954(b)
• Other limits. San Francisco (Police Code Article 33A, sec. 3300A.5) bars employers from demanding blood, urine or encephalographic tests of employees as a condition of continued employment. An employer may test a specific employee only if it has reasonable grounds to believe the employee’s faculties are impaired on the job, the impairment presents a clear and present danger to physical safety, and the employer pays for the employee to have the sample tested by a state-licensed independent lab and gives a reasonable chance to rebut or explain. Random or company-wide testing is barred. In a lawsuit the employer carries the burden of proving those conditions. The text speaks of employees and continued employment; it does not address applicants. S.F. Police Code sec. 3300A.5 S.F. Police Code sec. 3300A.5
• Workers’ comp benefits. Compensation is owed only where the injury is not caused by the employee’s intoxication by alcohol or unlawful use of a controlled substance. Cal. Lab. Code 3600(a)(4)
• Penalties. 12954 is part of FEHA. A worker has three years to file a complaint with the Civil Rights Department, which investigates or issues a right-to-sue; FEHA remedies apply. CRD FAQ Q12

Colorado has no general drug testing statute for private employers. Legal adult use and medical marijuana do not require you to accommodate use at work, and you may enforce a marijuana policy; the official code annotation records the Colorado courts’ Coats ruling that off-duty medical marijuana use is not protected ‘lawful activity’. For a workers’ comp benefit cut after a positive test, preserve a duplicate sample for the worker’s own retest.

• Other limits. No hair-testing limit, random-testing ban or local ordinance found. Workers’ comp: nonmedical benefits drop 50% if the injury results from not-medically-prescribed controlled substances in the worker’s system during working hours, shown by a forensic test at a licensed or certified facility; the employer must preserve a duplicate sample for the worker’s own retest at the worker’s expense. A positive result creates a presumption of intoxication that the worker can overcome by clear and convincing evidence. C.R.S. 8-42-112.5(1) C.R.S. 8-42-112.5(1)
• Workers’ comp benefits. Nonmedical comp benefits are cut 50% when the injury results from non-prescribed controlled substances, or a blood alcohol level of 0.10 or more (or a lower federal level), shown by a forensic test from a licensed or certified lab. A positive test creates a presumption of intoxication and causation that the worker can overcome only by clear and convincing evidence. The lab must keep a duplicate sample for the worker to retest at the worker’s cost. C.R.S. 8-42-112.5(1) C.R.S. 8-42-112.5(1)

In Connecticut, tell applicants in writing at application if you will drug test, confirm any positive with a second GC/MS test, and give them a copy of a positive result. Test employees only on reasonable suspicion, except random testing allowed by federal law, for designated safety-sensitive jobs, school bus drivers or a voluntary EAP. To act on off-duty cannabis use or a THC-only positive, you need a written cannabis policy shared before it starts (and at the offer for new hires), unless you are an exempted employer or the job is an exempted position. A worker has 90 days to sue under the cannabis law.

• Who it covers. All employers except the state and its political subdivisions (31-51t). The statute governs urinalysis drug tests. ‘Employee’ includes managers and a former employee rehired within 12 months.
• Applicants. An applicant may be urine tested only if told in writing at the time of application that the employer intends to test, the test is confirmed by a second, independent test (GC/MS or equal), and the applicant gets a copy of any positive result.
• Employees. Employees may be tested only on reasonable suspicion that they are under the influence in a way that does or could affect job performance. Random tests are allowed only when federal law authorizes them, for occupations the Labor Commissioner designates as high-risk or safety-sensitive, school bus and student transportation drivers, or in a voluntary employee assistance program.
• Policy and notice. Written notice to applicants at the time of application. For cannabis, a written policy must be given to employees before it takes effect and to applicants at the offer.
• Testing process. No promotion, pay, transfer, termination or discipline decision may rest solely on a positive urine screen unless a second, separate and independent GC/MS test (or a method the Commissioner of Public Health finds as reliable) confirms it. Testers may not report unconfirmed positives. No direct observation of the person giving the sample. Results are kept with medical records under the personnel-file privacy law (31-128a to 31-128h) and are inadmissible in criminal proceedings. Applicant results are confidential and shared only with employees who need them. Conn. Gen. Stat. 31-51v Conn. Gen. Stat. 31-51x(a)
• Off-duty cannabis. Employers may ban employee cannabis possession or use through a written (paper or electronic) policy made available to each employee before it takes effect and to each applicant at the offer or conditional offer. Without such a policy, an employer may not discharge or take adverse action for cannabis use outside the workplace. An employer may not penalize or refuse to hire for cannabis use before the person was employed, unless that would violate a federal contract or lose federal funding. A test positive solely for THC-COOH (the inactive metabolite) cannot be the sole basis to refuse to hire, fire or penalize, unless: a federal contract or funding requires it; reasonable suspicion of use while working; specific, articulable symptoms of impairment while working; or the test was under a written random-testing policy, or of an applicant with a conditional offer, and the policy states a THC-COOH positive may lead to adverse action. The off-duty and pre-employment-use protections and the THC-COOH rule do not apply to exempted employers (primary activity in mining, utilities, construction, manufacturing, transportation or delivery, educational services, health care or social services, justice and public safety, national security) or exempted positions (e.g., firefighter, EMT, police, CDL or DOT-tested drivers, federally funded positions, jobs caring for children or patients, and jobs the employer determines could affect health or safety). DOT-required testing, federal contract or grant testing, testing required by law for safety or security, and collective bargaining agreements that address testing are outside the law. In force since 2022-07-01. Conn. Gen. Stat. 21a-422q Conn. Gen. Stat. 21a-422p(b)(1)
• Medical cannabis. Employers may not refuse to hire, fire, penalize, or threaten a person solely for status as a registered qualifying patient or caregiver, unless federal law or federal funding requires it. Employers may still ban use during work hours and discipline for being under the influence at work. Conn. Gen. Stat. 21a-408p(b)(3)
• Other limits. Random urine testing is limited to federal-authorized, designated safety-sensitive, school bus/student transport, or voluntary EAP cases. Direct observation of urine collection is banned. Conn. Gen. Stat. 31-51x(b)
• Workers’ comp benefits. An accidental injury, disability or death due to the use of alcohol or narcotic drugs (non-prescribed controlled substances) is not a compensable injury. C.G.S. 31-275(1)(C)
• Penalties. Under the testing law, any aggrieved person may sue an employer, lab or medical facility for special and general damages plus attorney fees and costs, and a court may enjoin violations (the Attorney General may also sue for an injunction). Under the cannabis law, a person may sue in Superior Court within 90 days of the violation for reinstatement or the job offer, back wages and attorney fees and costs; the Labor Department does not investigate or fine. Conn. Gen. Stat. 31-51z(a) Conn. Gen. Stat. 21a-422r(a)

In DC, wait until after a conditional job offer to test an applicant for marijuana, unless a law requires an earlier test. A positive marijuana result can still be grounds to deny the job. A 2022 law protecting off-duty cannabis use is on the books but has never been funded, so it is not in effect; the Office of Human Rights cannot enforce it.

• Off-duty cannabis. In force: an employer may test an applicant for marijuana only after a conditional job offer, unless law requires otherwise. The employer may still deny the job for a positive marijuana test, enforce its drug policy, and keep federal contract duties. The broader Cannabis Employment Protections Amendment Act of 2022 (D.C. Law 24-190: bars adverse action for off-duty use and medical patient status, with safety-sensitive exceptions) is NOT in effect. Its start depends on funding in an approved budget; the official D.C. Code still marks its operative sections ‘Not Funded’ and ‘has not been implemented’, and the Office of Human Rights told the Council on June 10, 2025 that the act remains unfunded and cannot be implemented. Law-firm reports of a July 13, 2023 start misread the ‘whichever is later’ clause. In force since 2015-07-22 (pre-employment timing rule). D.C. Code 32-931(a) D.C. Code 32-931(b)(4)
• Workers’ comp benefits. No comp liability where the injury was caused solely by the employee’s intoxication. The claim starts with a presumption, absent evidence to the contrary, that the injury was not caused solely by intoxication. The statute does not mention drug tests. D.C. Code 32-1503(d) D.C. Code 32-1521(3)

Delaware has no general drug testing law for private employers, and its adult-use law gives workers no job protection. But you may not reject or penalize a registered medical marijuana patient for their card or for a positive marijuana test alone, unless they used, possessed or were impaired at work or during work hours, or you would lose a federal benefit. You may still ban use at work and discipline for working under the influence.

• Medical cannabis. Unless it would cost the employer a monetary or licensing-related benefit under federal law, an employer may not discriminate in hiring, firing or any term of employment, or otherwise penalize a person, based on the person’s status as a cardholder, or on a registered patient’s positive test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana at work or during work hours. A patient is not ‘under the influence’ solely because metabolites are present. Employers need not allow ingestion at work or work while under the influence, and may discipline for either. No employer may be penalized under state law for employing a cardholder. 16 Del. C. 4905A(a)(3)b 16 Del. C. 4907A(a)(3)
• Other limits. No hair-testing limit or random-testing ban for private employers. Industry mandates: (1) long-term care facilities (16 Del. C. 1142), home-care agencies (1146) and prescribed pediatric extended care centers (1191) may not hire an applicant before getting the results of the applicant’s mandatory pre-employment drug screen, under Department rules covering at least marijuana/cannabis, cocaine, opiates, PCP and amphetamines; staffing agencies must pass referral screening results to the facility. (2) Every state public works contract paid with public funds must require the contractor to run a mandatory drug testing program for all nonclerical job-site workers (29 Del. C. 6908(a)(6)). 16 Del. C. 1142(a) 16 Del. C. 1142(c)
• Workers’ comp benefits. An employee injured as a result of the employee’s own intoxication gets no compensation or medical benefits. The employer carries the burden of proof. The statute does not mention drug tests or a presumption. 19 Del. C. 2353(b) 19 Del. C. 2353(b)
• Penalties. An employer that breaks the mandatory pre-employment drug screening rules for long-term care facilities or home-care agencies faces a civil penalty of $1,000 to $5,000 for each violation (16 Del. C. 1142(f), 1146(g); 1191(e) sets the same penalty for prescribed pediatric extended care centers). There is no general testing statute and so no general testing penalty. 16 Del. C. 4905A (medical marijuana discrimination) states no penalty in its text. 16 Del. C. 1142(f) 16 Del. C. 1146(g)

Florida does not require private employers to test, but an employer that wants the workers’ comp discount must follow 440.102: give a written policy before testing (60 days’ notice for a new program), test applicants, use a certified lab and an MRO, and tell a person in writing within 5 working days of a confirmed positive. Florida’s medical marijuana law does not protect employees.

• Who it covers. Private employers are not required to test. The rules in Fla. Stat. 440.102 bind an employer that chooses to run a drug-free workplace program to get the workers’ comp benefits (premium discount, benefit denial). Certain state construction, electrical and alarm contractors must run one. Public employers follow 112.0455 and 440.102.
• Applicants. Under a program, the employer must test job applicants and may refuse to hire for a refusal or a confirmed positive. Notice of testing goes on vacancy announcements for tested positions. Limited applicant testing on a reasonable classification basis is allowed.
• Employees. Under a program, required test types are applicant, reasonable suspicion, routine fitness-for-duty, and follow-up (at least once a year for 2 years after a rehab program the employee did not enter voluntarily). Private employers may also run random testing.
• Policy and notice. One time before testing, give all employees and applicants a written policy statement (test types, consequences, drugs tested, the right to explain a positive within 5 working days, EAP and rehab contacts, and more). An employer starting a new program must give 60 days’ notice before testing starts. Post the policy in a conspicuous place.
• Testing process. Tests use an HHS-certified or AHCA-licensed lab, with a confirmation test and a medical review officer. Collection must protect privacy; the person can list medications. Enough sample is taken for two tests, and positive specimens are kept at least 210 days so the person can have a retest at another lab at their own cost. The lab reports a positive to the MRO within 7 working days. The employer pays for tests it requires. Results are confidential. No discipline solely for voluntarily seeking treatment the first time. Fla. Stat. 440.102(2) Fla. Stat. 440.102(4)(b)
• Other limits. Construction contractors (ch. 489 part I) and electrical and alarm system contractors (ch. 489 part II) that perform construction work under a state contract for educational facilities, public property or publicly owned buildings, or state correctional facilities must run a 440.102 program. Public employers follow 112.0455 and the public-employee rules in 440.102. Fla. Stat. 440.102(15) Fla. Stat. 440.102(15)
• Workers’ comp program. Florida’s drug-free workplace program (Fla. Stat. 440.102). Insurance rating plans must give ‘specific identifiable consideration’ in rates to employers that run a 440.102 program. Insurers must tell the employer about the discount at the first quote and at each renewal. The statute does not fix a percentage; the approved rating plan sets it. Fla. Stat. 627.0915 Fla. Stat. 627.0915
• Workers’ comp benefits. No compensation if the injury was caused primarily by intoxication or by non-prescribed drugs. A positive confirmed drug test, or blood alcohol at the DUI level, creates a presumption that the injury was caused by it. If the employer runs a drug-free workplace, the worker can rebut it only by showing no reasonable hypothesis that the drug contributed; without one, by clear and convincing evidence. Refusing a test creates a presumption of drug influence. A 440.102 employer may also deny medical and indemnity benefits. Fla. Stat. 440.09(3) Fla. Stat. 440.09(7)(b)
• Penalties. The main consequence of not following 440.102 is losing the program’s workers’ comp benefits. The statute also gives a person a way to contest a result under law or AHCA rules. Fla. Stat. 440.102(3)(a)8
• Deadline: 5 working days from Employer receives a positive confirmed result from the MRO: Employer informs the person in writing of the result, the consequences and the options. Fla. Stat. 440.102(5)(h)
• Deadline: 5 working days from Employee or applicant receives notice of a positive confirmed result: The person may submit information to the employer explaining or contesting the result. Fla. Stat. 440.102(5)(i)
• Deadline: 60 days (the statute says ’60 days’) from One-time general notice to all employees that a new program is starting: Testing may begin. Fla. Stat. 440.102(3)(b)
• Deadline: 7 working days from Lab receives the sample: Lab discloses a written positive confirmed result report to the MRO. Fla. Stat. 440.102(9)(c)
• Deadline: 5 working days from Employee or applicant receives written notification of a positive confirmed result: Person may contest or explain the result to the medical review officer (the policy statement must say so). Fla. Stat. 440.102(3)(a)8

Georgia does not require private employers to test, and random testing is allowed. To earn the 7.5% workers’ comp discount, get certified each year by the State Board of Workers’ Compensation (which runs the program directly under Rule 410 since October 15, 2026) and follow the program rules: notice and a written policy before testing (60 days for a new program), post-offer applicant tests, reasonable suspicion, fitness-for-duty, follow-up and post-injury tests, written notice within 5 working days of a positive, and employee and supervisor training. Georgia’s low-THC oil law does not protect employees, and you may keep a zero-tolerance policy.

• Who it covers. Private employers are not required to test. The Drug-Free Workplace Programs article (O.C.G.A. 34-9-410 to 34-9-421) sets the rules an employer must follow to be certified by the State Board of Workers’ Compensation and get the premium discount. Other lawful testing is not barred.
• Applicants. Program employers must test job applicants after extending a job offer (limited testing by reasonable job classifications qualifies). Vacancy announcements for tested positions must give notice of testing. On-site kits and oral testing meeting the article’s criteria are acceptable.
• Employees. Program employers must do reasonable suspicion tests, routine fitness-for-duty tests, follow-up tests after an EAP or rehab entered because of a positive test (at least yearly for two years, unannounced), and post-injury tests when the employee caused or contributed to an injury with lost work time. Random testing by private employers is allowed.
• Policy and notice. One time before testing, give all employees and applicants a notice of testing, and give employees a written policy statement (test types, consequences, confidentiality, refusal consequences, EAP or resource file, and the right to contest or explain a positive within 5 working days). New programs need 60 days’ notice before testing starts. Post the policy.
• Testing process. Private, documented collection with chain of custody; the person may record medications, which must be considered. Lab and confirmation requirements apply (confirmation test different in scientific principle). Within 5 working days after a lab positive, the employer informs the person in writing of the result, consequences and options. The employer pays for tests it requires; the person pays for extra tests. Confidentiality standards apply (34-9-420). Employers also provide employee education (twice in year one, then yearly) and supervisor training (2 hours in year one, then 1 hour yearly). O.C.G.A. 34-9-415(a) O.C.G.A. 34-9-415(b)(1)
• Workers’ comp program. Georgia’s Drug-Free Workplace Program (O.C.G.A. Title 34, Ch. 9, Art. 11; O.C.G.A. 33-9-40.2). Since October 15, 2026, the State Board of Workers’ Compensation runs certification (Board Rule 410), taking over from the Council on Alcohol and Drugs. A certified employer gets at least a 7.5% workers’ comp premium discount. It must send its insurer annual written notice with a copy of the certificate and recertify every year it takes the discount. Application fee: $35. SBWC Rule 410(e) SBWC Rule 410(a)
• Deadline: 5 working days from Employer receives a positive confirmed result from the lab: Employer informs the employee or applicant in writing of the result, consequences and options. O.C.G.A. 34-9-415(d)(6)
• Deadline: 5 working days from Employee or applicant receives written notification of a positive confirmed result: The person may contest or explain the result to the employer. O.C.G.A. 34-9-414(a)(6)
• Deadline: 60 days (the statute says ’60 days’) from One-time general notice to all employees that a new testing program is starting: Testing may begin. O.C.G.A. 34-9-414(b)

Hawaii does not limit why you test, but every non-DOT test must follow chapter 329B. Before collection, give the person a written list of substances tested and a note that medications may cause a positive; use a licensed or SAMHSA-certified lab; pay all costs; and keep results confidential unless the person consents in writing. If you use an instant test, send any non-negative result to a licensed lab within 4 hours, at your cost, before acting on it. A test that skips the chapter’s steps is invalid.

• Who it covers. Any ‘third party’ (person, agency, employer or other entity) that requests a substance abuse test, except third parties covered by a state DOT, U.S. DOT or other federal agency drug testing regulation. Hawaii does not limit when or why an employer may test; it regulates how.
• Applicants. Testing is allowed but must meet chapter 329B. Before collection, the person gets a written list of the substances tested and a statement that medications may cause a positive.
• Employees. No statutory limit on reasons (random, suspicion, etc.) was found; every test must follow chapter 329B procedures.
• Policy and notice. Before any sample is collected: a written statement of the specific substances tested and a statement that over-the-counter or prescribed drugs may cause a positive. Labs may test only for the listed substances.
• Testing process. Testing must use a lab licensed by the Hawaii Department of Health or SAMHSA-certified and approved by the director. Confirmatory tests use GC/MS or another approved method; an MRO reviews results; cutoffs are set by the director. The employer (third party) pays all costs, including confirmation. Results are strictly confidential and need the person’s informed written consent to release. On-site screening devices are allowed, but a non-negative screen cannot be used against the person unless they go to a licensed lab within 4 hours for a full test, at the employer’s cost. A test that does not follow the chapter is invalid and cannot be used. HRS 329B-3 HRS 329B-3
• Other limits. On-site (instant) screening devices must meet FDA or ISO 13485 standards, be used per the package insert by an operator trained by the manufacturer, and a non-negative screen cannot support any adverse action unless the person goes to a licensed lab within 4 hours for a full 329B-5 test at the employer’s cost. Labs must be licensed by the Department of Health or SAMHSA-certified; a lab may test only for the substances on the written statement. Results below the cutoff are reported as negative. HRS 329B-4(a)
• Workers’ comp benefits. No compensation for an injury caused by the employee’s intoxication. The claim starts with a presumption that the injury was not caused by intoxication; the employer must bring substantial evidence against it. The statute does not mention drug tests. HRS 386-3(b) HRS 386-85(3)
• Penalties. A willful and knowing violation: fine of $1,000 to $10,000 per violation as set by the Department of Health, plus court costs and attorney fees, paid to the aggrieved person; actual damages and injunctions are also available. HRS 329B-7(a) HRS 329B-7(b)
• Deadline: 4 hours from An on-site screening test shows the possible presence of drugs or alcohol: Employee or applicant reports to a licensed lab for a full test under 329B-5. HRS 329B-5.5(3)

Iowa allows drug testing only under a written policy given to every employee subject to testing, and only for the listed reasons: applicants, set random pools, reasonable suspicion, post-accident, during or after rehab, and federal requirements. You pay for the testing, use a certified lab and an MRO, and train supervisors (2 hours, then 1 hour a year). After a confirmed positive, send the employee written notice; they have seven days from mailing to request a retest. Hair tests are for applicants only.

• Who it covers. Private employers with one or more full-time employees in Iowa; the state and political subdivisions are excluded from the definition. Iowa Code 730.5 does not apply to tests required by federal statutes or regulations (such as DOT tests).
• Applicants. Employers may test prospective employees. Hair testing is allowed for applicants only. The test must follow the written policy.
• Employees. Allowed only as listed: unannounced (random) tests from a set pool (whole work site, all full-time staff at a site, or all safety-sensitive staff at a site); tests during and after rehabilitation; reasonable suspicion; tests required by federal law; and post-accident tests (reportable injury or property damage over $1,000).
• Policy and notice. All testing must follow a written policy given to every employee subject to testing and available to applicants. The employer must give the person a list of the drugs tested. For a minor, a copy of the policy goes to a parent with a receipt.
• Testing process. Samples are split at collection. Confirmatory testing must be done at a SAMHSA-certified (or HHS-approved) lab, and every initial positive must be confirmed. A medical review officer (MRO) reviews a confirmed positive before the employer gets it. The person may give information about prescription and nonprescription drugs and medical history, and the employer must give a list of the drugs tested. Hair samples are limited to 1.5 inches closest to the skin. For a current employee with a confirmed positive, the employer sends written notice by certified mail (or in person or electronically if the employee chose that); the employee has seven days from mailing to request a second confirmatory test at an approved lab of their choice and pay its fee. A prospective employee with a confirmed positive gets written notice of the result and the MRO’s name and address. The employer pays the actual costs of the testing it requires. An employer may suspend an employee pending results, but must reinstate with back pay and 18% interest if the result is not a confirmed positive. Results are confidential. If an employer with at least 50 employees gets a first confirmed positive alcohol test for an employee employed at least 12 of the past 18 months who agrees to rehabilitation, the written policy must provide for rehabilitation (730.5(9)(g)). Supervisors involved in testing need 2 hours of initial training and 1 hour each year after (730.5(9)(h)). Iowa Code 730.5(8) Iowa Code 730.5(8)(g)
• Other limits. Hair testing is limited to applicants, and to 1.5 inches of hair closest to the skin. Random tests must use one of the listed pools; improper targeting or exempting carries a $1,000 civil penalty per violation. Iowa Code 730.5(8)(g) Iowa Code 730.5(7)(e)
• Workers’ comp benefits. No compensation for an injury caused by intoxication from alcohol or non-prescribed drugs, if intoxication was a substantial factor. If the employer shows a positive test at or right after the injury (a non-prescribed drug, or a prescribed drug not used as prescribed), the law presumes intoxication and causation. The employee then has the burden to prove otherwise. Iowa Code 85.16(2)(b)(1) Iowa Code 85.16(2)(b)(1)
• Penalties. An aggrieved employee or applicant can sue for reinstatement or hiring, back pay, other equitable relief, attorney fees and court costs, and must prove the violation directly caused the harm. An injunction can be sought by the person, the county attorney or the attorney general. A lab or MRO that discloses results unlawfully, or an employer that improperly targets or exempts employees from random testing, faces a $1,000 civil penalty per violation, enforced by the attorney general. Iowa Code 730.5(15)(b) Iowa Code 730.5(14)
• Deadline: 7 days (the statute says ‘seven days’ from the date the employer mails the notice; it does not say calendar or business) from Employer mails the written notice of the confirmed positive and the right to a second confirmatory test by certified mail, return receipt requested (or uses the in-person or electronic method the employee chose): Employee must request the retest, name an approved lab, and pay the fee. Iowa Code 730.5(7)(i)(1)

Idaho lets private employers test applicants and employees if the testing complies with the ADA. To get the act’s benefits (an unemployment ‘misconduct’ finding, liability limits, a possible comp discount), use a written policy that lists the test types, confirm positives, give written notice and a chance to explain, honor a retest request made within 7 working days, and pay for testing current employees.

• Who it covers. Private employers. The Private Employer Alcohol and Drug-Free Workplace Act (Idaho Code 72-1701 to 72-1717) is voluntary: an employer that follows it gets set benefits (misconduct finding for unemployment, limits on liability, a possible workers’ comp premium reduction). Testing is lawful if its requirements and procedures comply with the ADA (42 U.S.C. 12101). The act does not change at-will employment, and an employer may rely on a third party’s test (police, hospital) to find misconduct.
• Applicants. Pre-employment testing is allowed if listed in the written policy. Applicants get the same written notice of a positive, chance to explain, and retest right as employees.
• Employees. Allowed test types are those listed in the written policy, which may include baseline, pre-employment, post-accident, random, return to duty, follow-up and reasonable suspicion. Testing current employees counts as paid work time.
• Policy and notice. Have a written policy consistent with the act, including a statement that violation may lead to termination for misconduct. Communicate it to affected employees and make it available to applicants. List the test types in it.
• Testing process. Sanitary, private collection with chain of custody. A drug positive must be confirmed by a second test of the same sample (GC/MS or comparable). Give written notice of a positive, naming the substance, and a chance to explain to an MRO or other qualified person. The person may ask for a retest of the same sample at a mutually agreed lab within 7 working days; they may be asked to pay, but a negative retest means reimbursement, back pay or reinstatement. The employer pays for testing current employees. Results are confidential. Idaho Code 72-1702(1) Idaho Code 72-1701(1)
• Other limits. Contractors bidding on state construction contracts must have a compliant drug-free workplace program, use only compliant subcontractors, and file an affidavit with the bid. Idaho Code 72-1717(1)(a)
• Workers’ comp program. Idaho’s Employer Alcohol and Drug-Free Workplace Act (Idaho Code 72-1701 et seq.). For policies issued or renewed on or after July 1, 1999, an insurer MAY grant a workers’ comp premium reduction if it finds the employer keeps a program that meets the act. The reduction is at the insurer’s discretion and no percentage is set. The state and its political subdivisions that test everyone who may lawfully be tested also qualify. Idaho Code 72-1716(1)
• Workers’ comp benefits. If intoxication (alcohol or controlled substances) is a reasonable and substantial cause of the injury, no income benefits are paid. The bar does not apply if the employer furnished the intoxicants or knowingly let the intoxicated employee keep working. The statute bars income benefits only, not medical benefits. Under the drug-free workplace act, a discharge for a confirmed positive, refusal or tampering counts as misconduct for unemployment purposes. Idaho Code 72-208(2)
• Deadline: 7 working days from Date of the first confirmed positive test notification: Employee or applicant requests a retest of the same sample. Idaho Code 72-1706(2)

Illinois has no step-by-step drug testing statute for private employers. The Cannabis Act lets you keep reasonable testing, random testing and zero-tolerance policies if you apply them evenly, and you may withdraw an offer for a failed test. If you discipline for suspected cannabis impairment, write down the specific symptoms you saw at work and give the employee a real chance to contest it. Do not penalize anyone just for being a registered medical cannabis patient. State contractors must also certify a drug-free workplace.

• Off-duty cannabis. Adult use is legal from January 1, 2020. The Right to Privacy in the Workplace Act bars refusing to hire, firing or disadvantaging someone for using lawful products (products legal under state law) off premises during nonworking and non-call hours. That bar is expressly subject to the Cannabis Act’s employer section, and it does not cover use that impairs the employee’s ability to do the job. The Cannabis Act lets employers adopt reasonable zero-tolerance or drug-free workplace policies applied in a nondiscriminatory manner, test applicants and employees (including random testing), and discipline, fire or withdraw an offer for a failed test. An employer may treat an employee as impaired on a good-faith belief based on specific, articulable symptoms while working, and must give the employee a reasonable chance to contest that finding. The Act does not override DOT rules (49 CFR 40.151(e)) or federal or state contract and funding duties. 820 ILCS 55/5(a) 410 ILCS 705/10-50(a)
• Medical cannabis. Employers may not refuse to hire or otherwise penalize a person solely for status as a registered qualifying patient or caregiver, unless that would violate federal law or cost a federal monetary or licensing benefit. The medical act still lets employers enforce nondiscriminatory drug testing, zero-tolerance or drug-free workplace policies, discipline a patient for violating a workplace drug policy, and discipline for a failed test where federal law or a federal contract requires it. An employer that disciplines a patient for impairment must give a reasonable chance to contest. Employers need not reimburse medical cannabis costs. 410 ILCS 130/40(a)(1) 410 ILCS 130/50(c)
• Other limits. State contractors and grantees must certify a drug-free workplace: a published policy statement, an awareness program, employee notice of a workplace drug conviction within 5 days, and notice to the agency within 10 days. 30 ILCS 580/3(a)(3)(B) 30 ILCS 580/3(d)
• Workers’ comp benefits. No compensation if intoxication is the proximate cause of the injury, or the employee was so intoxicated it was a departure from employment. Blood alcohol of 0.08% or more, any evidence of impairment from unlawful or unauthorized cannabis or controlled substance use, or a refusal to be tested creates a rebuttable presumption of intoxication and causation. The employee can overcome it by a preponderance of the evidence. Only tests from an accredited or certified lab are admissible. 820 ILCS 305/11 820 ILCS 305/11
• Penalties. The Illinois Department of Labor enforces the Right to Privacy in the Workplace Act (including the lawful-products section) and an employee or applicant may file a complaint with it; the Attorney General may also sue. Since P.A. 104-455 (eff. 12-12-25), a person may sue directly in circuit court within 3 years for a civil penalty of $100 to $1,000 per violation, and, for a lost job, make-whole relief (reinstatement, back pay) plus a $10,000 civil penalty, damages and attorney’s fees. The Department or a court can impose $100 to $1,000 per violation, rising to $1,000 to $5,000 for a repeat within 3 years. The medical and Cannabis Act employer sections state no penalties. 820 ILCS 55/15(a-5) 820 ILCS 55/15(b)

Indiana has no general drug testing law for private employers that we could find. If you bid on a public works contract of $150,000 or more, include a written drug testing plan with the bid and run it: test every employee at least once a year, randomly test at least 2% each month with at least a 5-drug panel, and apply the required suspensions and follow-up testing. If you do not, the agency can cancel the contract.

• Other limits. Public works contractors and their subcontractors on contracts with an estimated cost of $150,000 or more (state public works, state highway, and local public works under IC 36-1-12) must submit a written employee drug testing plan with the bid, and an agency may not award the contract without one. The program must test every employee at least once a year, randomly select at least 2% of employees each month, use at least a 5-drug panel (amphetamines, cocaine, opiates at 2000 ng/ml, PCP, THC), and apply progressive discipline: 30-, 90- and 365-day suspensions for the first, second and third positive, each with a referral to treatment and one year of unannounced testing from the day the employee returns. The program may require dismissal after any positive. A collective bargaining agreement with random testing, the same 5-drug panel and set minimum discipline counts as a compliant plan. The chapter applies to contracts awarded after June 30, 2006. IC 4-13-18-5(a) IC 4-13-18-6(a)(2)
• Penalties. A public works contract must allow the awarding agency to cancel it if the contractor fails to run its drug testing program, fails to give implementation information on request, or gives false information. IC 4-13-18-7(a)(2)(A)

Kansas has no general drug testing law for private employers. To use a positive test to deny unemployment or workers’ comp, follow the state’s standards: a written policy employees know about (in place before any injury for workers’ comp), a licensed collector, an approved lab, a GC/MS confirmation, and for workers’ comp a split sample made available to the employee within 48 hours of a positive.

• Other limits. Workers’ comp: refusing an employer’s chemical test forfeits benefits if the employer had sufficient cause to suspect use or its policy clearly authorizes post-injury testing; a confirmed result at or above the listed GC-MS cutoffs (for example, marijuana metabolite 15 ng/ml) creates a conclusive presumption of impairment. State government: the personnel director may test applicants for safety-sensitive state jobs only after a conditional offer, and may test current safety-sensitive and certain other state workers on reasonable suspicion; a first positive does not by itself justify firing if the employee completes the recommended evaluation and treatment. K.S.A. 44-501(b)(1)(E) K.S.A. 75-4362(a)
• Workers’ comp benefits. The employer owes no comp where alcohol or drugs contributed to the injury. Alcohol of .04 or more, or a GC/MS confirmed drug level at or above the statute’s chart, is a conclusive presumption of impairment; contribution is then presumed unless the employee proves otherwise by clear and convincing evidence. Refusing a test forfeits benefits if the employer had cause to suspect use or its policy clearly allows post-injury testing. Results count only under set conditions, such as a written testing policy in place before the injury, an HHS-approved or state-licensed lab, and confirmation by GC/MS. Properly taken prescription or over-the-counter drugs do not bar benefits if there was no prior on-the-job impairment. K.S.A. 44-501(b)(1)(A) K.S.A. 44-501(b)(1)(C)
• Deadline: 48 hours from Positive test on a sample the employer collected after a work injury: Split sample retained and made available to the employee. K.S.A. 44-501(b)(3)(F)

Kentucky has no general drug testing law for private employers. If you want the workers’ comp drug-free workplace credit (at least 5%), certify each year and follow the state program: training, testing after an offer, random, reasonable suspicion and post-accident, an 11-panel urine test, and medical review officer review. Medical cannabis cardholders get no job protection, and you may keep a zero-tolerance policy.

• Other limits. No hair-testing limit or random-testing ban for private employers. Occupation rule: every new miner and every first-time applicant for a mining certification must prove drug- and alcohol-free status before certification, through the state program or accepted outside results (a ten-panel urine test per the section heading). The coal employer that first hires a newly certified miner must repay the miner for one test. Results are confidential (351.185). KRS 351.182(1) KRS 351.182(3)
• Workers’ comp program. Kentucky’s drug-free workplace credit (KRS 304.13-167(6); 803 KAR 25:280). Approved comp rating plans must give a credit of at least 5% (unless the commissioner finds 5% actuarially unsound) to employers with a certified program. The owner or CEO certifies by notarized affidavit to the Department of Workers’ Claims, first and then every year. An employer that already gets a credit under KRS 304.13-412 or KRS chapter 351 cannot also take this one. KRS 304.13-167(6) KRS 304.13-167(6)
• Workers’ comp benefits. If the employee voluntarily took an illegal, non-prescribed substance, or a prescribed one beyond the prescribed amount, and a scientifically reliable blood test detects it at a level that could disturb mental or physical capacity, the law presumes it caused the injury and no compensation is owed. KRS 342.610(3) KRS 342.610(3)

In Louisiana, if a drug test for marijuana, opioids, cocaine, amphetamines or PCP can cost someone a job, use a SAMHSA- or CAP-certified lab and follow SAMHSA guidelines, with a marijuana screen cutoff you set between 50 and 100 ng/mL. Keep results confidential, and give a confirmed-positive employee access to the records within 7 working days of a written request. Public employers also need a written policy, and must test public vehicle drivers and mechanics.

• Who it covers. All drug testing of people in Louisiana, or of samples collected there, for marijuana, opioids, cocaine, amphetamines or PCP when the result can lead to negative employment consequences. Exempt: oil and gas exploration, drilling and production; gas and electric utilities regulated by the Public Service Commission; testing under federal EO 12564; treatment centers and physicians; criminal justice testing; certain athletes; and on-site screens with no employment consequences. Testing for other drugs and alcohol is not regulated by the chapter.
• Applicants. The chapter applies to prospective employees; it does not limit when applicants may be tested.
• Employees. Private employers: the chapter does not limit when employees may be tested. Public employers may test after an accident, on reasonable suspicion, and in rehabilitation monitoring; may test applicants as a condition of hiring; may randomly test safety- or security-sensitive positions; and must test applicants for, and randomly test, jobs whose main duty is operating, maintaining or supervising public vehicles. Public employee testing must follow a written policy (R.S. 49:1015).
• Policy and notice. No written policy or advance notice duty found for private employers in the sections read.
• Testing process. Use a SAMHSA-certified or CAP-FUDT/CAP-FDT-certified lab and follow SAMHSA guidelines; the initial marijuana screen cutoff is set by the employer or testing entity between 50 and 100 ng/mL. A medical review officer certifies positives. Samples may be urine, blood, saliva or hair; other FDA-cleared methods are allowed if processed in a certified lab, positives are preserved for challenge testing at the donor’s request, and no sample may be used for DNA. A confirmed-positive employee may get access to test records within 7 working days of a written request. Rehabilitation is optional for the employer. Results are confidential. La. R.S. 49:1002(A) La. R.S. 49:1005(A)
• Medical cannabis. State employers only: no negative employment consequences based solely on a positive marijuana test for an employee or applicant with a debilitating condition and a physician’s recommendation under R.S. 40:1046. Exceptions: use or impairment at work, state vehicle operators, maintainers and their supervisors, and EMS, law enforcement, public safety, horse racing commission and firefighter services. Private employers are not covered by this section. La. R.S. 49:1016(A) La. R.S. 49:1016(C)
• Other limits. Hair testing is allowed (CAP-FDT labs). Oil and gas exploration, drilling and production employers are outside the chapter, and employers doing construction, maintenance or manufacturing at a refining or chemical manufacturing facility may lower or modify the 50 ng/mL marijuana screen cutoff. Public employers must test applicants for, and randomly test, public vehicle operators, maintainers and their supervisors. La. R.S. 49:1001 La. R.S. 49:1002(H)
• Workers’ comp benefits. No compensation for an injury caused by intoxication. Any evidence of on- or off-the-job use of a non-prescribed Schedule I-V controlled substance at the time of the accident creates a presumption of intoxication, and so does refusing a test right after the accident. Blood alcohol of 0.08% or more is presumed intoxication. Once intoxication is shown, causation is presumed and the employee must prove intoxication did not contribute. Employer tests are admissible when done under a written, promulgated substance abuse rule or policy. La. R.S. 23:1081(5) La. R.S. 23:1081(7)(b)
• Deadline: 7 working days from Confirmed-positive employee’s written request: Employer must give access to the drug test records. La. R.S. 49:1011(A)

Massachusetts has no drug testing statute for private employers. State cannabis law lets you bar marijuana at work and enforce policies restricting employees’ use. Before acting on a positive test for a registered medical marijuana patient who uses off-site and off-hours, talk with them about accommodation: the state’s highest court has said such a firing can be handicap discrimination.

• Medical cannabis. The medical marijuana statute (M.G.L. c. 94I) contains no employment section. The Supreme Judicial Court held in Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. 456 (2017) that an employee fired for using medical marijuana off-site, and not before or during work, may sue for handicap discrimination under M.G.L. c. 151B. Before acting on a positive result for a registered patient whose use is off-site and off-hours, run the interactive accommodation process. Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. 456 (2017), as summarized by the Massachusetts Trial Court Law Libraries
• Workers’ comp benefits. Massachusetts has no drug- or alcohol-specific bar in the comp act. An employee injured by his or her own serious and willful misconduct gets no compensation; dependents can still recover if the injury causes death. M.G.L. c. 152 §27

In Maryland, send every job-related drug or alcohol test to a state-permitted lab. You may use instant tests on applicants only, and hair tests only before hire (1.5 inches or less). After a confirmed positive, give the person the lab report, your written policy, notice of any action, and their retest right, in person or by certified mail within 30 days of the test. Adult-use cannabis is legal, but state law does not stop you from testing for it; public employers may not act against certified medical cannabis firefighters and EMS staff for a positive test alone.

• Who it covers. Any employer that requires job-related alcohol or drug testing of applicants, employees or contractors (Md. Code, Health–General §17-214).
• Applicants. Allowed. Applicants (only) may be screened with an instant single-use device unless a union contract bars it; a positive instant screen goes to a permitted lab and an MRO reviews the confirmed positive. An applicant who discloses a prescription may be hired pending confirmation.
• Employees. The statute does not limit when employees may be tested; it sets lab and notice rules. Instant screens may not be used on current employees.
• Policy and notice. After a confirmed positive, give the person, in person or by certified mail within 30 days of the test: the lab report, the employer’s written drug and alcohol policy, any notice of intended discipline or termination, and the right to independent retesting.
• Testing process. Use a Maryland-permitted lab (or an approved out-of-state lab) following HHS cutoffs; tell the person the lab’s name and address on request. Specimens: blood, urine, saliva, or hair. Hair only for pre-employment and no longer than 1.5 inches. The person may have the same specimen independently tested at their own cost. Labs and physicians may not tell the employer about legal nonprescription drug use or prescribed drugs the person can document. Employers using instant tests must train collectors and keep chain-of-custody records. Md. Code, Health–Gen. §17-214(h) Md. Code, Health–Gen. §17-214(b)(1)(i)
• Medical cannabis. General rule: no employment protection for medical cannabis patients in the code. One narrow exception, in force since October 1, 2026: a public employer (a municipality, county, the State, the State Airport Authority or a fire control district) may not discipline, discharge or otherwise discriminate against a firefighter, EMT, cardiac rescue technician or paramedic because the employee holds a valid medical cannabis written certification, or because the employee tests positive for cannabis while holding one. The employer may still bar duty while impaired and use while on duty, need not violate federal law or lose a federal benefit, and must report an employee who reports for work impaired to the State EMS Board. Md. Code, State Gov't §20-606(g)(2) (2026 Md. Laws ch. 183) Md. Code, State Gov't §20-601(f) (2026 Md. Laws ch. 183)
• Other limits. Hair testing: pre-employment only, specimen no longer than 1.5 inches, drug testing only. Instant (preliminary) screens: applicants only. Md. Code, Health–Gen. §17-214(b)(3)(ii) Md. Code, Health–Gen. §17-214(b)(3)(iii)
• Workers’ comp benefits. No compensation or benefits (except medical benefits) when the primary cause of the injury was the effect of a controlled dangerous substance, unless it was taken as a physician prescribed and not excessively. The same applies when the primary cause was intoxication while on duty. All benefits are barred when the injury was caused solely by intoxication on duty. The statute does not mention drug tests or a presumption. Md. Code, Lab. & Empl. 9-506(d)(2)(i) Md. Code, Lab. & Empl. 9-506(d)(2)(i)
• Penalties. Violating Health-General 17-214 (the employer alcohol and drug testing rules) is a misdemeanor under the subtitle’s general penalty: a fine of up to $100 for a first offense and up to $500 for each later conviction for the same provision. Each day a violation continues after the first conviction is a new offense. Md. Code, Health-Gen. 17-216
• Deadline: 30 days (the statute says ‘Within 30 days from the date the test was performed’; calendar or business not stated) from Date the test was performed: Deadline to deliver the lab report, policy, notice of intended action and retest rights, in person or by certified mail. Md. Code, Health–Gen. §17-214(c)(2)

Maine has one of the strictest testing laws. Before you test anyone, write a policy, get the Maine Department of Labor to approve it, and give employees a copy 30 days before it takes effect. Test applicants only after an offer, confirm every non-negative screen at a lab, offer a no-cost appeal, and give an employee with a first confirmed positive up to 12 weeks of rehabilitation before you discipline.

• Who it covers. All employers, public or private, with one or more employees, that choose to test. Testing is optional, but an employer that tests must follow the subchapter and its approved policy fully once a test starts. An employer subject to a federally mandated testing program (such as DOT) with at least one federally tested employee in Maine is outside the subchapter entirely, but only if it tests its other applicants and employees under the same federal rules.
• Applicants. Only after a job offer (or an offer of a place on a roster of eligibility). The offer may be conditioned on a negative result.
• Employees. Reasonable suspicion based on observable behavior, decided by a supervisor, physician or nurse, or security staff, stated in writing and given to the employee before the test. Random or criteria-based testing only if bargained in a union contract, for positions that would create an unreasonable safety threat (read narrowly), in an all-employee program at an employer with 50 or more non-union employees, or where testing is needed to keep a contract; selection must be made by a person or entity outside the employer’s influence. One unannounced follow-up test between 90 days and one year after a confirmed positive for an employee who returns to work.
• Policy and notice. A written policy approved by the Maine Department of Labor before any testing starts. Employers with over 20 full-time employees need a functioning employee assistance program first. Employees get a copy at least 30 days before the policy takes effect (60 days for changes); applicants get a copy before their test. Employers may not ask anyone to sign a form that absolves the employer of liability or waives rights under the subchapter.
• Testing process. Collection in a medical facility (a work-site first aid station counts) supervised by a licensed physician or nurse; no observed urine collection; no removing clothing for a urine sample. Every non-negative screen must be confirmed; the lab keeps confirmed positives for one year. The person tested may have part of the sample set aside and must name a lab within 5 days of notice of the result; the person pays for that retest. An employee may also have a blood sample drawn and tested for alcohol or cannabis. A no-cost appeal must be available. A medical review officer reviews results, and lawful prescription use or lawful medical cannabis use is a ‘legitimate medical explanation’. Results are confidential. The cannabis urine confirmation cutoff may be no lower than 15 ng/mL. Before acting on an employee’s first confirmed positive, the employer must offer up to 12 weeks in a rehabilitation program. 26 M.R.S. §684(1) 26 M.R.S. §683(2)
• Medical cannabis. An employer may not refuse to employ or penalize a person solely for status as a qualifying patient or caregiver, unless doing so would violate federal law or cost a federal contract or funding. Lawful medical cannabis use counts as a ‘legitimate medical explanation’ for a confirmed positive test. 22 M.R.S. §2430-C(3) 26 M.R.S. §682(3-B)(B)
• Other limits. Random testing is limited (see employees). Blood samples only at the employee’s request. No observed urine collection. Municipal ordinances are preempted. Noninstrumented point-of-collection screens are allowed, but non-negatives must go to a lab for confirmation. 26 M.R.S. §684(3)(C)(1) 26 M.R.S. §683(2)(C)(3)
• Workers’ comp benefits. No compensation or other benefits when it is proved that the injury resulted from the employee’s intoxication while on duty. The bar does not apply if the employer knew at the time that the employee was intoxicated or habitually became intoxicated on duty. The statute does not mention drug tests or a presumption. 39-A M.R.S. §202 39-A M.R.S. §202
• Penalties. An employee disciplined or discharged in violation can recover 3 times lost wages, reinstatement, court costs and attorney’s fees. Confidentiality breaches and harassment testing carry civil penalties up to $1,000 (first) and $2,000 (later), paid to the employee. Maine DOL or the employee may enforce. 26 M.R.S. §689(1) 26 M.R.S. §689(2)(A)
• Deadline: 30 days (the statute says ‘at least 30 days’; calendar or business not stated) from Department of Labor approves the policy; copy given to employees: Policy may take effect for employees. 26 M.R.S. §683(3)
• Deadline: 5 days (the statute says ‘5 days’; calendar or business not stated) from Notice of the test result to the employee or applicant: Deadline to name a lab to test the segregated sample. 26 M.R.S. §683(5)(A)
• Deadline: 12 weeks (maximum) from Employee’s first confirmed positive result: End of the rehabilitation opportunity before discharge or discipline. 26 M.R.S. §685(2)(B)

Michigan has no general drug testing statute for private employers. Its marijuana laws let you keep a workplace drug policy, and refuse to hire, discipline or fire someone for violating it or for working under the influence. Put your testing rules, including how you treat a positive marijuana result, in a written workplace drug policy.

• Other limits. No state statute limits hair or random testing by private employers. State classified civil service only (Civil Service Commission Reg. 2.07, effective June 7, 2026): state agencies may not test for marijuana in a pre-employment test for a job that is not test-designated, and may not use marijuana to rescind a conditional offer for such a job. Michigan Civil Service Commission Reg. 2.07 (SPDOC 26-05) Michigan Civil Service Commission Reg. 2.07 (SPDOC 26-05)
• Workers’ comp benefits. Michigan’s comp act has no drug-specific bar found in this sweep. An employee injured by his or her own intentional and willful misconduct gets no compensation. MCL 418.305
• Penalties. No penalty for employer testing practices (no testing statute). Michigan does criminalize selling or possessing drug-masking products: distributing, delivering, selling or possessing with intent to sell synthetic urine, human urine or additives meant to defraud an alcohol or drug screening test is a misdemeanor punishable by up to 1 year in jail, a $1,000 fine, or both (added 2022). MCL 750.410c(2)

In Minnesota you may test only under a written policy, after a job offer for applicants, and with a certified lab that confirms every positive. Do not test applicants for cannabis unless the job is safety-sensitive or another listed exception applies. Notify results in writing within 3 working days and offer counseling or rehab before firing for a first positive.

• Who it covers. All employers that choose to test (the Drug and Alcohol Testing in the Workplace Act, Minn. Stat. §§181.950-.957). There is no duty to test.
• Applicants. Only after a job offer, and the same test must go to every applicant offered that position. If the offer is withdrawn, tell the applicant why. Cannabis may not be part of an applicant test unless state or federal law requires it or the job is in an excepted category.
• Employees. Random testing only for safety-sensitive positions (and certain union-covered professional athletes). Reasonable suspicion testing (under the influence, broke written work rules, injury, or accident). Testing in a routine physical no more than once a year with two weeks’ written notice. Treatment-program testing for up to two years after treatment.
• Policy and notice. A written policy with set contents (who is tested, when, the right to refuse and its consequences, discipline, the right to explain and to a retest, appeals). Give written notice to affected employees on adoption and to applicants before testing; post a conspicuous notice. Have the person sign an acknowledgment form before testing.
• Testing process. Use a certified, accredited or licensed lab (not the employer’s own lab), or the oral fluid procedure. Confirm every positive screen. The employer pays for the test. Tell the person the result in writing within 3 working days of the lab report. The person can explain within 3 working days and ask, in writing within 5 working days, for a retest at their own cost. No action on an unconfirmed screen. No discharge for a first confirmed positive without first offering counseling or rehabilitation. Minn. Stat. §181.951, subd. 1(b) Minn. Stat. §181.951, subd. 2
• Off-duty cannabis. Employers may not require applicants to take a cannabis test as a condition of employment, and may not refuse to hire solely for a positive cannabis result, unless state or federal law requires it. Off-duty, off-premises cannabis use is a protected lawful consumable product. Exceptions where cannabis is treated as a drug: safety-sensitive jobs, peace officers, firefighters, jobs caring for children, vulnerable adults or patients, CDL or other legally tested drivers, federally grant-funded jobs, and any job where law requires cannabis testing. Employers may still act on impairment or use at work, and on a confirmed positive cannabis test under a written work rule. Minn. Stat. §181.951, subd. 8(a) Minn. Stat. §181.951, subd. 8(b)
• Medical cannabis. Unless federal or state law or a federal benefit would be lost, an employer may not discriminate based on registry status or a patient’s positive cannabis test, unless the patient used, possessed or was impaired at work. A patient may show registry verification as an explanation. An employer must give 14 days’ written notice, citing the federal law, before acting on the federal exception. Minn. Stat. §342.57, subd. 5(a)(3) Minn. Stat. §342.57, subd. 5a
• Other limits. Random testing limited to safety-sensitive positions (and certain union-covered professional athletes). Cannabis testing on an arbitrary or capricious basis is barred. An employer may not use its own lab or make the person pay. Oral fluid testing is allowed under subd. 5a, with a free lab test on request within 48 hours of a non-negative result. The Revisor notes that a federal court held the retest right (§181.953, subd. 9) preempted by the federal Labor Management Relations Act as applied to union contracts, and the no-discharge-for-a-first-positive rule (subd. 10) preempted for federally regulated motor carrier drivers. Minn. Stat. §181.951, subd. 4 Minn. Stat. §181.953, subd. 4
• Workers’ comp benefits. The employer is not liable for compensation when the employee’s intoxication is the proximate cause of the injury. The employer carries the burden of proof. The statute does not mention drug tests or a presumption. Minn. Stat. 176.021, subd. 1
• Penalties. Employers and labs that violate the act are liable for damages, attorney fees for knowing or reckless violations, injunctive relief, and reinstatement with back pay. Retaliation is barred. Off-duty-product violations give lost wages and benefits plus costs and fees. Minn. Stat. §181.956, subd. 2
• Deadline: 3 working days from Employer receives the lab report: Written notice of the result and rights to the employee or applicant. Minn. Stat. §181.953, subd. 7
• Deadline: 3 working days from Notice of a confirmed positive result: Last day for the person to submit an explanation. Minn. Stat. §181.953, subd. 6(c)
• Deadline: 5 working days from Notice of the confirmatory test result: Last day to notify the employer in writing of a retest request. Minn. Stat. §181.953, subd. 9
• Deadline: 48 hours from Oral fluid test showing positive, inconclusive or invalid: Last time to request a free lab test. Minn. Stat. §181.953, subd. 5a(b)

Missouri has no general drug testing statute, but its constitution protects medical marijuana cardholders. Do not refuse to hire or fire a cardholder just for a positive marijuana test or off-duty use, unless they used, possessed or were impaired at work or during work hours, the job’s duties or others’ safety are affected, or you would lose a federal benefit. For everyone else, you may enforce a drug policy. To use a post-injury test in a workers’ comp case, test within 24 hours and follow the statute’s notice and retest steps.

• Medical cannabis. Unless the employer would lose a federal monetary or licensing benefit, employers may not discriminate in hiring, firing or terms of employment based on a person’s status as a cardholding patient or caregiver (including legal off-site, off-hours use) or on a positive marijuana test of a cardholding patient, unless the person used, possessed or was under the influence at work or during work hours. The protection does not apply to positions where legal use affects job performance or others’ safety, or conflicts with a bona fide occupational qualification. Patients cannot sue over discipline for working under the influence. Mo. Const. art. XIV, §1 (patient rights, para. (15)) Mo. Const. art. XIV, §1, para. (15)(b)
• Other limits. No state limit on hair testing or random testing found. Workers’ comp (RSMo 287.120.6): benefits are cut 50% if an injured employee broke the employer’s drug-free workplace or alcohol/drug rule and the injury happened in conjunction with that use, and forfeited if the use was the proximate cause. Refusing a test forfeits benefits if the employer had sufficient cause to suspect use or its policy clearly authorizes post-injury testing. A positive test creates a rebuttable presumption only if the test was given within 24 hours of the injury, the employee got notice of the result within 14 calendar days of the insurer’s notice of the confirmatory result, a second test of the original sample was offered, and the result was confirmed by mass spectrometry. RSMo 287.120.6(1) RSMo 287.120.6(4)(a)
• Workers’ comp benefits. If an employee breaks the employer’s drug-free workplace or alcohol/drug rule and the injury happens in conjunction with alcohol or non-prescribed drug use, comp and death benefits are cut 50%. If that use is the proximate cause, disability and death benefits are forfeited. Refusing a test forfeits benefits if the employer had cause to suspect use or its policy clearly allows post-injury testing. A positive drug test creates a rebuttable presumption only if the first test was within 24 hours, the employee got the results within 14 calendar days of the insurer’s notice, the employee could retest the original sample, and mass spectrometry confirmed the result. RSMo 287.120.6(1) RSMo 287.120.6(1)

Mississippi testing is voluntary, but if you choose to test under the state law, follow it fully. Give employees a written policy 30 days before testing starts, tell applicants in writing before collection, pay for the tests, confirm every positive at a certified lab, and give written notice of a positive within 5 working days. A compliant drug-free workplace program can earn a 5% workers’ comp premium discount.

• Who it covers. Public and private employers in Mississippi that elect to test under Miss. Code §§71-7-1 to 71-7-33. Electing is voluntary; a private employer elects by stating in its written policy and its applicant notice that the policy is implemented under the chapter, and then must follow every term. The chapter does not apply to an employer subject to federal drug and alcohol testing rules for any of its employees or applicants.
• Applicants. Tell applicants in writing, at application and before collection, that they may be tested.
• Employees. Employers may test applicants and may refuse to hire for a refusal or a confirmed positive. They may test all employees on reasonable suspicion (a confirmed positive creates a rebuttable presumption that suspicion existed), by neutral selection (random), and after a work injury under §71-3-121. Government employers may use neutral selection only for listed kinds of positions. Reasonable suspicion must rest on specific, objective, articulable facts. Testing of current employees happens during or right after the work period and counts as work time.
• Policy and notice. A written policy given to employees at least 30 days before the program starts, with set contents (grounds for testing, consequences, notice of the chapter, confidentiality, how to report medications confidentially, positions tested, refusal consequences, rehabilitation, the right to contest or explain, the drug list, any union contract). Post a notice and make the policy available.
• Testing process. Collect under sanitary conditions with dignity; let the person list medications. Collect enough for two tests. Only laboratories conduct confirmation tests, using a method of equal or greater sensitivity; no action on an unconfirmed result. The lab reports in writing within 5 working days. Labs keep positives frozen 90 days from delivery of the result; the employee may have a portion retested at their own cost at a lab they choose. The employer pays for the tests it requires. Written notice of a positive within 5 working days; the employee may explain within 10 working days. A discharge for a confirmed positive under the chapter is for cause and counts as willful misconduct. Miss. Code §71-7-3(1) (current text as brought forward in 2026 HB 1638) Miss. Code §71-7-3(2) (current text as brought forward in 2026 HB 1638)
• Workers’ comp program. Mississippi’s Drug-Free Workplace Workers’ Compensation Premium Reduction Act (1997 SB 2811; Miss. Code 71-3-201 et seq.). An employer with a program that substantially follows the act qualifies for a 5% premium discount if its comp policy offers one; the insurer ‘may’ grant it when the employer self-certifies. The discount runs pro rata from the date the insurer gets the certification, and must be certified each year. Only programs meeting the act’s criteria get reduced rates. 1997 SB 2811 §4(1) 1997 SB 2811 §4(2)
• Penalties. A person may sue for an injunction, compensatory damages, or both, after first exhausting any union grievance and arbitration steps. Suit must be filed within one year of the violation (or of exhausting internal remedies). Relief is limited to an injunction, reinstatement to the same or an equivalent job, and restored benefits and back pay as the statute lists. Miss. Code §71-7-23(1) Miss. Code §71-7-25(1)
• Deadline: 30 days (the statute says ‘thirty (30) days’; calendar or business not stated) from Employees receive the written policy: Testing program may begin. Miss. Code §71-7-3(2) (current text as brought forward in 2026 HB 1638)
• Deadline: 5 working days from Employer receives a positive confirmed lab report: Written notice to the employee of the result, consequences and options. Miss. Code §71-7-9(10) (current text as brought forward in 2026 HB 1638)
• Deadline: 10 working days from Employee receives notice of a positive confirmed result: Last day for the employee’s written explanation. Miss. Code §71-7-9(12) (current text as brought forward in 2026 HB 1638)
• Deadline: 90 days (the statute says ‘ninety (90) days’; calendar or business not stated) from Positive confirmed results mailed or delivered to the employer: End of frozen specimen retention and the employee’s retest window. Miss. Code §71-7-9(9) (current text as brought forward in 2026 HB 1638)

In Montana, test only safety, security, driving, fiduciary and similar jobs, and only under a written ‘qualified testing program’ that employees can review 60 days before it starts or changes. Follow 49 CFR Part 40 for urine, have a medical review officer certify a positive before you act, pay for the test and the time, give the employee a copy, and offer a split-sample retest at a lab the employee picks. Legal off-duty marijuana use is a protected lawful product unless it affects the job or safety, or your established drug policy covers it.

• Who it covers. The Workforce Drug and Alcohol Testing Act (MCA 39-2-205 to -211) covers any employer with one or more employees that is located in or doing business in Montana, including local governments. Its ’employee’ is limited to people who perform, supervise or manage work in a hazardous work environment, a security position, or a position affecting public safety or health, requiring driving, or carrying fiduciary duties.
• Applicants. An employer may test any prospective employee as a condition of hire under a qualified testing program. A ‘prospective employee’ is someone who has applied to become an ’employee’, so the same job limits apply (our reading).
• Employees. Random testing in one of two forms: a date set for all salaried and wage-earning employees, or a random process (own or third-party) with a set calendar period, a set testing rate, a scientifically valid random selection, all supervisors and managers in the pool, and a signed statement from each employee that they got the written description. Reasonable suspicion testing when the employer has reason to suspect impaired faculties on the job, with DOT supervisor training (49 CFR 382.603). Post-accident testing when the employer has reason to believe the employee’s act or failure to act caused an accident with death, injury or over $1,500 property damage. Follow-up testing after a verified positive, described in the policy, for up to 1 year.
• Policy and notice. Written policies and procedures with set contents (legal sanctions, education, standards of conduct, employee assistance, the employer’s sanctions, test types, drug list and alcohol level, hiring policy for positives, testing and dispute procedures, confidentiality, and MRO confidentiality of unrelated medical facts). They must be available for review by all employees 60 days before the terms are implemented or changed.
• Testing process. Urine: collection, transport and confirmation per 49 CFR Part 40. Other samples (breath, oral fluid): chain of custody and procedures at least as strict as Part 40, FDA-cleared methods, split specimens, and mass-spectrometry confirmation of every screened positive. A medical review officer reviews and certifies a positive before any action, and the person may tell the MRO about prescription or nonprescription drugs. The employer pays for testing and pays employees for testing time. The employee gets a copy of the report, may have the split tested at an independent lab the employee picks (employer pays if negative, employee pays if positive), and may rebut or explain. If the employee gives a reasonable explanation or medical opinion that the result was not caused by illegal drug use or alcohol, the employer may take no adverse action (except as 16-12-108 allows for marijuana), and the result is removed and destroyed. Breath alcohol counts only above 0.04, by a certified technician on listed equipment. MCA 39-2-206(4)(a) MCA 39-2-208(1)
• Off-duty cannabis. Montana’s lawful-product law names marijuana: an employer may not refuse to employ or discriminate because a person legally uses it off the employer’s premises during nonworking hours. Exceptions: use that affects job performance or other employees’ safety, a bona fide occupational qualification, certain personal service contracts and nonprofits, and action the employer believes is allowed under an established substance abuse or alcohol policy, professional contract or union contract. The marijuana act also says employers need not allow use at work, may discipline for violating a workplace drug policy or working while intoxicated, may decline to hire for a workplace drug policy violation, and it creates no wrongful discharge or discrimination claim. MCA 39-2-313(1) MCA 39-2-313(4)
• Other limits. Allowed samples are urine, breath and oral fluid. Testing must be at employer expense on paid time. Confidential results are inadmissible except in testing disputes or serious accident inquiries. MCA 39-2-206(12) MCA 39-2-207(3)
• Workers’ comp benefits. An employee gets no benefits if use of alcohol or non-prescribed drugs is the major contributing cause of the accident. Failing or refusing a post-accident drug test, where the testing follows the federal-standard procedures of Title 39, chapter 2, creates a presumption that non-prescribed drug use was the major contributing cause. The bar does not apply if the employer knew of the use and did not try to stop it. Medical marijuana cardholders have separate limits (39-71-407(6)); medical marijuana is not treated as a prescribed drug. MCA 39-71-407(5)(a) MCA 39-71-407(5)(b)
• Deadline: 60 days (the statute says ’60 days’; it does not say calendar or business days) from Written policy adopted or changed: Earliest date the policy terms, or a change, may be implemented. MCA 39-2-207(1)
• Deadline: 1 year (statute: ‘up to 1 year’) from Employer first requires a follow-up test: End of the follow-up testing period. MCA 39-2-208(3)

North Carolina lets you test but sets procedures. Use an approved lab for every current-employee screen, confirm every positive by GC/MS (an applicant may waive confirmation of an instant test in writing), set chain-of-custody procedures, and let the person retest a confirmed positive at an approved lab at their own cost. DOT- and NRC-required tests follow federal rules instead. Marijuana is still a controlled substance, so off-duty use is not protected.

• Who it covers. All employers doing business in the State, public and private, that choose to test (Controlled Substance Examination Regulation, G.S. 95-230 to 95-235). DOT- and NRC-required tests are exempt.
• Applicants. Allowed; the statute does not limit when. A single-use (instant) test device may be used for prospective employees; a positive must be confirmed by an approved lab by GC/MS or an equivalent method unless the applicant signs a written waiver at the time of, or after receiving, the preliminary result.
• Employees. Allowed; the statute does not limit when or why. Screening for current employees must be done by an approved lab, and every positive must be confirmed by GC/MS or equivalent.
• Policy and notice. No written policy or advance notice duty in the statute.
• Testing process. Collect under reasonable, sanitary conditions that preserve dignity and prevent substitution; on-site or at an approved lab. The employer sets chain-of-custody procedures. Use an approved lab (satisfactory performance in the HHS or College of American Pathologists forensic urine programs). The lab keeps part of every confirmed positive sample at least 90 days from when results are mailed or delivered to the employer. The examinee may have a confirmed positive retested at the same or another approved lab by a written request naming the lab, at the examinee’s own cost. G.S. 95-232(a) G.S. 95-231(1)
• Other limits. Current-employee screens must use an approved lab (no instant tests); applicant instant tests are allowed. G.S. 95-232(c)(1) G.S. 95-232(c)(2)
• Workers’ comp benefits. No compensation if the injury was proximately caused by intoxication (unless the employer or a supervisor supplied the intoxicant) or by being under the influence of a non-prescribed controlled substance. A blood or other medical test result consistent with intoxication, done in a scientifically accepted way, creates a rebuttable presumption of impairment. The party claiming the exemption carries the burden of proof. G.S. 97-12(2) G.S. 97-12
• Penalties. The Commissioner of Labor may assess up to $250 per affected examinee, capped at $1,000 per investigation, weighing business size and gravity. The employer has 15 days after receiving notice to take exception, and penalties are subject to a two-year limitation period from the violation. G.S. 95-234(a) G.S. 95-234(d)
• Deadline: 90 days (statute: ‘at least 90 days’; it does not say calendar or business days) from Confirmed positive result mailed or delivered to the employer: End of the lab’s sample retention period, and the practical window for a retest request. G.S. 95-232(d)

North Dakota lets private employers drug test with few limits, but the employer must pay for any test it requires to get or keep the job. Medical marijuana patients have no job protection: you may discipline for use at work, working impaired, or working with marijuana in their system. For workers’ comp, a post-accident test at or above the federal cutoffs (as of August 1, 2011) presumes impairment, and a refused test forfeits benefits for that injury.

• Who it covers. All employers. North Dakota has no full testing statute, but one rule reaches every employer: the employer pays for any drug or alcohol test it requires.
• Applicants. No statute limits when an applicant may be tested. If the employer requires a test to get the job, the employer pays for it.
• Employees. No statute limits random or reasonable-suspicion testing. The workers’ comp law lets an employer with a mandatory post-accident testing policy, or with reasonable grounds, ask an injured worker to test.
• Policy and notice. No general written-policy or consent duty in the code.
• Testing process. The employer bears the cost of any drug or alcohol test it requires as a condition of getting or keeping the job (34-01-15). For workers’ comp (65-01-11): a test by a physician, qualified technician, chemist or registered nurse at or above the federal cutoff levels in the CFR in effect on August 1, 2011 (alcohol: the DOT limit then in effect) creates a rebuttable presumption the injury was caused by impairment. An employer with a mandatory post-accident testing policy, or with reasonable grounds to suspect impairment caused the injury, may request a test; refusing a reasonable test or a policy-required post-accident test forfeits all benefits for that injury. N.D.C.C. 34-01-15 N.D.C.C. 65-01-11
• Medical cannabis. North Dakota has a medical marijuana program (chapter 19-24.1), but it gives patients no workplace protection. Employers may discipline for use or possession at work, working impaired, or working with marijuana in the employee’s system. N.D.C.C. 19-24.1-34(2)
• Workers’ comp program. North Dakota Workforce Safety & Insurance (WSI, the state comp fund) offers a Drug-Free Workplace Program as one choice on its Safety Action Menu (SAM). Each SAM program is worth a 5% premium discount; SAM programs combine to at most 15%, and SAM can stack with the Safety Management Program up to 25%. Apply through myWSI 30 days before the policy period starts; finish requirements by the end of the 11th month; WSI audits each year. This is a WSI program set by the agency, not a statute. WSI Safety Action Menu WSI Drug Free Workplace Program, Required Testing
• Workers’ comp benefits. A compensable injury does not include an injury caused by intoxicants, recreational marijuana, or illegal use of controlled substances. A test at or above DOT alcohol limits or federal drug cutoffs (CFR as of August 1, 2011) creates a rebuttable presumption that impairment caused the injury. An employer with a mandatory post-accident testing policy, or with reasonable grounds, may request a test. An employee who refuses a reasonable test request, or a post-accident test required by company policy, forfeits all WSI benefits for that injury. N.D.C.C. 65-01-02(11)(b)(3) N.D.C.C. 65-01-11
• Penalties. An employer that makes an applicant or employee pay for a required drug or alcohol test commits an infraction. N.D.C.C. 34-01-15

Nebraska does not say when you may test, but if you have six or more employees you may not discipline or fire anyone on a positive result unless it was confirmed: drugs by GC/MS at a CLIA-certified lab, alcohol by an approved lab method or a breath test by a permitted operator. Keep positive specimens at least 180 days with a written chain of custody, keep results out of public view, and give the employee the result on request. Medical cannabis patients have no job protection in the current statutes.

• Who it covers. The State, its political subdivisions, other governmental entities, and any private employer doing business in Nebraska, unless it employs a total of less than six full-time and part-time employees at any one time. The act sets result-use, lab, specimen and confidentiality rules; it does not say when tests may be given and does not require testing.
• Applicants. The act speaks of employees and ‘continued employment’; it does not regulate applicant testing.
• Employees. The act does not limit when employees may be tested. Refusal of a lawful directive to test may lead to discipline, including termination.
• Policy and notice. No written policy or notice duty in the act.
• Testing process. Before a result is used to deny continued employment or in any disciplinary or administrative action: a positive drug screen must be confirmed by GC/MS (or another technique the Department of Health and Human Services approves), at a CLIA-certified clinic, hospital or lab. A positive alcohol screen must be confirmed by GC with a flame ionization detector (or approved technique) or by a breath-testing device run by a permitted operator; the employee may ask right away for a blood test, and if it does not confirm a work-rule violation, the action must be rescinded. Keep specimens with a finding of drugs or alcohol refrigerated at least 180 days for retesting and keep a written chain of custody. Do not release results to the public; release them as law requires, to the employee on request, and to staff who need to know. Neb. Rev. Stat. §48-1901 Neb. Rev. Stat. §48-1901
• Workers’ comp benefits. An employee injured while intoxicated gets no compensation, and neither do the employee’s beneficiaries. Case law on the statute page puts the burden of proving intoxication on the employer. The statute does not mention drug tests or a presumption. Neb. Rev. Stat. 48-127
• Penalties. Providing, acquiring or using body fluids to alter a test, or tampering with body fluids, is a Class I misdemeanor, and the employee may be disciplined as for a refusal. The act states no penalty on employers. Neb. Rev. Stat. §48-1908(3) Neb. Rev. Stat. §48-1909(1)
• Deadline: 180 days (statute: ‘at least one hundred eighty days’; it does not say calendar or business days) from Specimen yields a finding of drugs or alcohol: End of required specimen preservation for retesting. Neb. Rev. Stat. §48-1904

New Hampshire has no general drug testing statute for private employers, so your written policy sets the rules. Medical cannabis patients may not use or possess cannabis at work without your written permission, you need not accommodate use at work, and you may discipline for use at work or working under the influence.

• Workers’ comp benefits. The employer is not liable for an injury caused in whole or in part by the worker’s intoxication (alcohol or a controlled drug; properly used prescriptions excluded) or serious and willful misconduct. The intoxication bar does not apply if the employer knew the employee was intoxicated. The statute does not mention drug tests or a presumption. RSA 281-A:14 RSA 281-A:14

In New Jersey you may still drug test for cannabis (random, pre-hire, regular, reasonable suspicion, observable signs, post-accident), but you may not refuse to hire or discipline someone just because they use cannabis off duty or because a test shows cannabis metabolites. Act on cannabis only with documented evidence of use or impairment at work. If anyone tests positive for cannabis under your testing policy, give written notice of the right to explain and allow 3 working days for an explanation or a retest at their cost.

• Off-duty cannabis. Employers may not refuse to hire, fire or take adverse action because a person uses cannabis off duty, and may not act solely on cannabinoid metabolites in bodily fluid. Employers may test (random, pre-employment, regular, reasonable suspicion, post-accident) and may act on the results of a test that includes a physical impairment evaluation. Employers need not allow cannabis at work and may keep a drug-free workplace. Federal contractors with a provable adverse impact may follow federal law. N.J.S.A. 24:6I-52(a)(1) N.J.S.A. 24:6I-52(a)(1) (P.L.2021, c.16, §48)
• Medical cannabis. No adverse employment action based solely on an employee’s status as a registered patient. If an employer has a drug testing policy and an employee or applicant tests positive for cannabis, the employer must offer a chance to present a legitimate medical explanation and give written notice of that right. Within 3 working days after the notice, the person may submit information (such as a practitioner’s authorization or registry proof) or request a confirmatory retest of the original sample at their own cost. Employers may still bar or act on possession or use of intoxicating substances during work hours or on workplace premises, and need not violate federal law or lose a federal license benefit, contract or funding. N.J.S.A. 24:6I-6.1(a) N.J.S.A. 24:6I-6.1(b)(1)
• Other limits. No hair-testing limit or general random-testing ban. Industry rules: (1) direct care staff at programs licensed or funded by the Department of Human Services (developmental disabilities) must pass a pre-employment drug test, and each program must randomly test one or more staff at least once a year; reasonable-suspicion tests are allowed. (2) All workers on a data center construction project must undergo drug testing (L.2025, c.335). (3) Temporary help firms and their clients may not charge temporary laborers in a designated classification placement for any drug test. N.J.S.A. 30:6D-9.5(b)(2) N.J.S.A. 34:11-56.101(f)
• Penalties. Cheating a workplace drug test is a crime. Knowingly defrauding a drug test given as a condition of employment is a fourth-degree crime; it is third-degree for jobs where law requires the test (police, corrections, school bus and motorbus drivers, rail, firefighters, EMS and other legally mandated tests). Selling or giving away devices or substances made to beat a test is third-degree; possessing them is fourth-degree. Developmental disability providers that skip required drug testing face a corrective action plan, then a ban on new admissions (30:1-15.5(f)). 24:6I-52 itself still states no penalty. N.J.S.A. 2C:36-10(f) N.J.S.A. 2C:36-10(b)
• Deadline: 3 working days (statute: ‘three working days’) from Employee or applicant receives the employer’s written notice of the right to explain a positive cannabis test: Last day for the employee or applicant to explain or request a retest at own cost. N.J.S.A. 24:6I-6.1(b)(2)

New Mexico has no general drug testing statute. Unless you agreed otherwise with the employee, you may act on impairment or cannabis use at work and may keep a written zero-tolerance cannabis policy. But you may not take adverse action against an applicant or employee who is a registered medical cannabis patient for lawful use, unless they used or were impaired on the premises or during work hours, you deem the job safety-sensitive, or you would lose a federal benefit. Name safety-sensitive positions in your written policy.

• Off-duty cannabis. Unless the employer and employee have an agreement otherwise, the Cannabis Regulation Act does not restrict an employer from acting on impairment by, or possession or use of, intoxicating substances at work or during work hours; does not require an employer to violate federal law or lose a federal contract or funding; and does not stop an employer from adopting a written zero-tolerance cannabis policy, which may allow discipline or firing for a positive test showing any amount of THC or its metabolite. The Act does not apply to employees of Railway Labor Act employers and does not disturb union contracts. No express off-duty protection for non-patients was found. NMSA 1978 §26-2C-34(A)(3) NMSA 1978 §26-2C-34(A)(1)
• Medical cannabis. Unless the employer would lose a federal monetary or licensing benefit, it is unlawful to take adverse employment action against an applicant or employee for conduct the Lynn and Erin Compassionate Use Act allows (registered medical cannabis use). Employers may still act on use or impairment at work or during work hours, and the protection does not apply to employees the employer deems to work in a safety-sensitive position. NMSA 1978 §26-2B-9(A) (current text as shown in 2026 SB 129 committee substitute) NMSA 1978 §26-2B-9(A)
• Workers’ comp benefits. Comp benefits are cut by the degree intoxication or non-prescribed drug influence contributed to the injury: at least 10%, at most 90%. Medical benefits and death benefits to dependents are not affected. Tests count only if done by standard procedures at a lab certified by a nationally recognized body; samples are split, kept 12 months, and the worker may retest at the worker’s cost. Refusing a required post-accident test, or refusing to release the results, means no compensation. The employer cannot claim the cut if it knew of the intoxication beforehand and did nothing, or has no written drug- and alcohol-free workplace policy with notice to employees. NMSA 52-1-12.1(B) NMSA 52-1-12.1(E)

Nevada does not regulate most drug testing, but you may not refuse to hire someone because a pre-employment test shows marijuana, unless the job is a listed exception (firefighter, EMT, required-testing driving job, a job you determine could affect others’ safety, a federally funded job) or federal law or a contract conflicts. If you test a new hire in the first 30 days, let them take a second test at their own cost and give it appropriate consideration. Try to make reasonable accommodations for employees with a medical cannabis registry card.

• Off-duty cannabis. Employers may not fail or refuse to hire an applicant because a screening test shows marijuana. Exceptions: firefighters, EMTs, jobs that require driving where federal or state law requires screening tests, jobs the employer determines could adversely affect the safety of others, federally grant-funded jobs, and any conflict with federal law or with an employment contract or union agreement. The rule covers hiring, not discipline of current employees. ‘Screening test’ covers blood, urine, hair or saliva. Separately, NRS 613.333 bars refusing to hire or firing for lawful off-premises use of any product during nonworking hours if the use does not affect job performance or others’ safety; whether it reaches cannabis is not stated. NRS 613.132(1) NRS 613.132(2)(d)
• Medical cannabis. Employers need not allow medical cannabis at work, but must attempt reasonable accommodation for an employee with a valid registry card, unless it would pose a threat of harm, create undue hardship, or keep the employee from doing the job. Law enforcement agencies may bar use. NRS 678C.850(3)
• Other limits. No hair-testing limit or random-testing ban for private employers. Contract rule: to qualify for a job order contract with a public body (added 2025), a contractor must run a worker safety program that includes drug testing. Note that NRS 613.132 defines a ‘screening test’ to include blood, urine, hair or saliva, so its marijuana hiring rule covers hair tests too. NRS 338.1569(4)(e) NRS 613.132(5)
• Workers’ comp benefits. No compensation for an injury that happened while the employee was intoxicated (blood alcohol at or above the NRS 484C.110 driving limit) or under the influence of a controlled or prohibited substance at or above the statute’s urine or blood levels, without a current lawful prescription in the employee’s name. The employee can recover only by proving, by clear and convincing evidence, that the intoxication or substance was not the proximate cause. Marijuana (THC) is on the statute’s table of levels. NRS 616C.230(1)(d) NRS 616C.230(1)(c)
• Penalties. NRS 613.132 says a refusal to hire is ‘unlawful’ but names no remedy or agency. NRS 613.333 (lawful off-duty product use) gives a civil action for lost wages and benefits, reinstatement or an offer of employment, equal damages, and costs and attorney fees to the prevailing party. NRS 613.333(2) NRS 613.333(3)
• Deadline: 30 days (the statute says ‘the first 30 days of employment’; it does not say calendar or business days) from Start of employment: Window in which a required screening test triggers the employee’s right to a rebuttal test. NRS 613.132(3)

New York has no general drug testing statute for private employers, but legal off-duty cannabis use is protected. Do not test for cannabis unless a law requires or permits it (for example, DOT rules), and act only on specific, articulable signs of impairment at work, not on a positive test. Post the Labor Law 201-d rights notice. In New York City, do not test applicants for marijuana or THC unless the job or the testing falls in a listed exception.

• Off-duty cannabis. Employers may not refuse to hire, fire or discriminate for legal cannabis use before or after work hours, off the employer’s premises and without the employer’s equipment or property. The NYDOL says employers may not test for cannabis unless 201-d(4-a) or another law permits it, and a cannabis test cannot by itself show impairment. Employers may act when state or federal law requires it, when the employee is impaired (shows specific articulable symptoms while working that lessen job performance or interfere with workplace safety duties), or when not acting would violate federal law or cost a federal contract or funding. Every employer must post a sign telling employees their 201-d rights. New York City separately makes it an unlawful discriminatory practice to require an applicant to be tested for THC or marijuana as a condition of employment (Admin. Code 8-107(31), Local Law 91 of 2019), with exceptions: police and peace officers and DOI investigative roles; jobs under Building Code 3321 or Labor Law 220-h; CDL jobs; jobs supervising or caring for children, medical patients or vulnerable persons; jobs DCAS or the Commission identifies as able to significantly impact health or safety; and testing required by DOT rules, a federal contract or grant, a federal or state safety or security law, or a collective bargaining agreement. N.Y. Labor Law §201-d(2)(b) N.Y. Labor Law §201-d(4-a)(i)
• Medical cannabis. A certified medical cannabis patient is deemed to have a ‘disability’ under the state Human Rights Law (Executive Law art. 15), so employers must treat patient status as a disability, including reasonable accommodation. Employers may still enforce a policy barring employees from performing their duties while impaired by a controlled substance, and need not do anything that would directly violate federal law or cost a federal contract or funding. Patients may not be denied any right or privilege solely for certified medical use. N.Y. Cannabis Law §42(2) N.Y. Cannabis Law §42(2)
• Other limits. New York City bars pre-employment marijuana/THC testing (N.Y.C. Admin. Code §8-107(31); 47 RCNY §2-07). It does not limit testing of current employees. N.Y.C. Admin. Code §8-107(31)(a) (Local Law 91 of 2019, §2) NYC Commission on Human Rights FAQ (June 24, 2020), N.Y.C. Admin. Code §8-107(31)
• Workers’ comp benefits. No comp liability when the injury was caused solely by the employee’s intoxication from alcohol or a controlled substance while on duty. The claim starts with a presumption, absent substantial evidence, that the injury did not result solely from intoxication. The statute does not mention drug tests. N.Y. Workers' Comp. Law §10(1) N.Y. Workers' Comp. Law §21(4)
• Penalties. For Labor Law §201-d violations, the Attorney General may seek an injunction and civil penalties of $300 (first) and $500 (each later), and the individual may sue for equitable relief and damages. NYC violations go through the Human Rights Law process. N.Y. Labor Law §201-d(7)(a) N.Y. Labor Law §201-d(7)(b)

Ohio has no general drug testing statute, so private employers set their own policy. Legal adult-use or medical marijuana does not limit you: you may refuse to hire or discipline for marijuana use and keep testing and zero-tolerance rules. To get the workers’ comp presumption after an injury, post the BWC-size notice next to your proof of coverage, have reasonable cause for the test, test alcohol within 8 hours and drugs within 32 hours, and use an HHS-certified lab. BWC’s SUPR program offers a premium bonus for a qualifying drug-free workplace program.

• Off-duty cannabis. Adult-use marijuana is legal (2023 Issue 2), but employers keep full control. They may refuse to hire, fire or discipline for marijuana use, keep drug testing and zero-tolerance policies, and follow DOT rules. No one may sue an employer over a marijuana-related job decision. A worker fired for use that breaks the employer’s policy is fired for just cause and loses unemployment benefits. R.C. 3796.28(A)(2) R.C. 3796.28(A)(3)
• Medical cannabis. Medical marijuana patients get no job protection. The same section (which covers all marijuana use) lets employers refuse to hire, discipline or fire for use, keep testing and zero-tolerance policies, and bars lawsuits over those decisions; a policy-violating use is also not disability discrimination under R.C. 4112.02. R.C. 3796.28(A)(1) R.C. 3796.28(C)
• Other limits. No state hair-testing limit or general random-testing ban. Occupation and contract rule: state-funded public improvement (construction) contractors and subcontractors must be enrolled and in good standing in the BWC drug-free workplace program or an approved comparable one. That means a written substance use policy; drug and alcohol tests before hire or within a probationary period of no more than 120 days; random tests using DOT neutral selection while working on the contract; testing to the federal model; and one hour of employee training plus one extra hour for supervisors. Separately, employers may drug test minors in the construction mentorship program under the policy they must explain in the minor’s training. R.C. 153.03(B)(2) R.C. 153.03(B)(2)(b)(i)-(ii)
• Workers’ comp program. Ohio BWC’s Substance Use Prevention and Recovery (SUPR) program (Ohio Adm.Code 4123-17-58, effective July 1, 2025) pays a bonus on premium: 4% at the Basic level and 7% at the Advanced level (appendix to 4123-17-75), plus a grant program for policy, training, testing and assessment costs. The employer applies to BWC every year and must meet BWC’s requirements and deadlines. A late applicant may join but gets no bonus that period. State agencies and self-insurers are not eligible. Appendix to Ohio Adm.Code 4123-17-75 Ohio Adm.Code 4123-17-58(C)(2)
• Workers’ comp benefits. No compensation for an injury caused by intoxication, non-prescribed controlled substances, or marijuana. If the employer has posted the required written notice (same size as, and next to, the BWC proof of coverage), there is a rebuttable presumption of intoxication or influence, and that it caused the injury, when: a qualifying alcohol test within 8 hours meets the R.C. 4511.19 levels; a qualifying drug test within 32 hours meets the federal (49 CFR 40.85) cutoffs; or the employee refuses a requested test after notice that refusal may affect benefits. R.C. 4123.54(B) R.C. 4123.54(B)(1)(b)
• Deadline: 8 hours from the workplace injury: last moment a qualifying alcohol test counts for the presumption (R.C. 4511.19 levels). R.C. 4123.54(B)(1)(a)
• Deadline: 32 hours from the workplace injury: last moment a qualifying drug test counts for the presumption (49 CFR 40.85 cutoffs; HHS-lab levels for barbiturates, benzodiazepines, methadone). R.C. 4123.54(B)(1)(b)

Oklahoma regulates every employer that chooses to drug test. Adopt a written policy first, give employees at least 10 days’ notice, test applicants only after a conditional offer, pay for the tests and count testing as work time, use a state-licensed lab, and confirm every positive before acting. Until November 1, 2026, medical marijuana patients cannot be refused or fired solely for a positive THC test unless the job is safety-sensitive, they used or were impaired at work, or federal rules require it; from November 1, 2026, a compliant written testing policy also allows action, and safety-sensitive jobs are zero-tolerance.

• Who it covers. All public and private employers with one or more employees in Oklahoma that choose to test (Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. 551 et seq.). The Act does not require testing. Testing required by federal law (such as DOT) is exempt.
• Applicants. An ‘applicant’ is a person who has applied and received a conditional offer, so testing comes after a conditional offer. A refusal or a positive result may be the reason not to hire. Applicants get a copy of the policy when they accept employment.
• Employees. Only these test types: transfer or reassignment; for-cause (reasonable belief of being under the influence); post-accident (injury or property damage at work); random (private employers may limit it to job classes; public employers only for listed safety roles); scheduled, fitness-for-duty and return-from-leave; and post-rehabilitation for up to 2 years after return to work.
• Policy and notice. Before any testing, adopt a written policy (who is tested, when, substances, methods, consequences of refusal or a positive, the right to explain in confidence, access to records, confidentiality, appeals). Give employees at least 10 days’ notice before the policy or a change takes effect, by hand, mail, email/intranet, or posting.
• Testing process. Employer pays for all required testing; testing time is work time. Collect enough sample to split. No direct observation of urination by the employer. The person may report medications at collection. A positive must be confirmed (GC, GC-MS or equal) at Board cutoffs before any action. Labs must hold a State Department of Health license. A chain-of-custody record is kept. If the person asks for a confirmation test of the sample within 24 hours of notice of a positive, the person pays unless the result reverses, then the employer reimburses. Records are confidential and available to the person tested. 40 O.S. 552(2) 40 O.S. 553(C)
• Medical cannabis. In force until November 1, 2026: unless federal law or federal funding requires otherwise, an employer may not refuse to hire, discipline or fire an applicant or employee solely for being a medical marijuana licensee, or solely for a positive test for marijuana components or metabolites, unless the person has no valid license, possessed, consumed or was under the influence at work or while doing job duties, or the job has safety-sensitive duties (any job the employer reasonably believes could affect safety or health, including hazardous materials, driving or operating machinery, firefighting, utilities, pharmacy dispensing, carrying a firearm, and direct patient or child care). Employers need not allow use on the premises or during work hours and may keep written testing policies under the testing Act. A ‘positive test’ means at or above the DOT cutoff or Oklahoma’s under-the-influence level, whichever is lower. The exclusive remedy for a willful violation is the testing Act’s civil action. 63 O.S. 427.8(H)(2) (version in force until 2026-11-01) 63 O.S. 425(B)(1)
• Other limits. Public employers may run random and scheduled testing only for listed safety roles (police, drug interdiction, armed staff, safety-of-others roles, public hospitals, direct contact with inmates or juveniles in custody). Labs must be state-licensed. Employer may not directly observe urine collection. 40 O.S. 559(5)
• Workers’ comp benefits. A compensable injury does not include an injury from an accident caused by alcohol, illegal drugs, or prescription drugs used against a physician’s orders. A positive test on a specimen collected within 24 hours of the injury or its report (or by the medical examiner after a death), or a refusal to be tested, creates a rebuttable presumption that the substance caused the injury. The employee can overcome it only by clear and convincing evidence of no causal link. 85A O.S. §2(9)(b)(4) (as set out in 2025-26 SB 1076) 85A O.S. §2
• Penalties. A person harmed by a willful violation (specific intent) may sue within one year for lost wages plus an equal amount as liquidated damages; costs and attorney fees go to the prevailing party, either side. Unlicensed labs face a $500 fine per test. 40 O.S. 563(B)
• Deadline: 10 days (statute: ‘at least ten (10) days’ notice’; it does not say calendar or business days) from the employer gives notice of a new or changed testing policy: earliest date the policy or change may take effect for employees. 40 O.S. 555(B)
• Deadline: 24 hours from the person receives notice of a positive test: last moment to request a confirmation test of the sample. 40 O.S. 556
• Deadline: 2 years from the employee returns to work after a positive test or treatment: end of the post-rehabilitation testing period. 40 O.S. 554(6)
• Deadline: 1 years from the alleged willful violation: deadline to file a civil action. 40 O.S. 563(A)

Coming changes:

• From November 1, 2026. Starting November 1, 2026, an Oklahoma employer may act on a medical marijuana patient’s positive test if it follows a written testing policy that complies with the state testing Act, and people in safety-sensitive jobs are held to a zero-tolerance standard.

Oregon employers may drug test applicants and employees, and legal or medical marijuana use gives no job protection. Before you act on a positive instant test, have the same specimen confirmed by a certified clinical lab, and use a screening site with an Oregon Health Authority permit. Breath or blood alcohol tests need the person’s consent or reasonable grounds to believe they are under the influence; set the alcohol limit in your work rules or union contract, and the employer pays.

• Who it covers. All employers. Oregon has no full drug testing act, but two rules reach every employer: breath alcohol testing limits (ORS 659A.300) and lab confirmation of on-site drug screens (ORS 438.435).
• Applicants. No statute limits when an applicant may be drug tested. A breathalyzer test of a prospective employee needs consent, or reasonable grounds to believe the person is under the influence of alcohol.
• Employees. No statute limits random or reasonable-suspicion drug testing. Breath or blood alcohol testing: only with consent, or where the employer has reasonable grounds to believe the person is under the influence.
• Policy and notice. No general written-policy duty. ‘Under the influence’ of alcohol is defined by the collective bargaining agreement or, if none, the employer’s work rules, so the alcohol limit belongs in a written rule.
• Testing process. An on-site (instant) screen that is positive may not be released or used to deny employment or a benefit, or for other adverse action, until the same specimen is confirmed by a clinical lab certified under ORS 438.040 (or an equivalent out-of-state facility). On-site screening facilities need an Oregon Health Authority permit and must follow the FDA package insert, the manufacturer’s instructions and custody-chain procedures. For alcohol, the employer may require a third-party blood alcohol or breathalyzer test, as a condition of hire or continued work, only with consent or reasonable grounds to believe the person is under the influence, and may not make the employee pay. The employer may not make an employee pay for a medical exam as a condition of keeping the job (exceptions for CBA- or law-required exams). ORS 438.435(4) ORS 659A.300(4)
• Other limits. Breathalyzer tests are banned unless the person consents or the employer has reasonable grounds; on-site drug screens need an OHA permit and lab confirmation before adverse use. ORS 659A.300(1)
• Workers’ comp benefits. A compensable injury does not include one whose major contributing cause, shown by a preponderance of the evidence, is the worker’s use of alcohol or cannabis or unlawful use of a controlled substance, unless the employer permitted, encouraged or knew of the use. The statute does not mention drug tests or a presumption. ORS 656.005(7)(b)(C)
• Penalties. A violation of ORS 659A.300 or 659A.306 is an unlawful employment practice, enforced through BOLI complaints and civil action under chapter 659A. ORS 659A.300(1)

Pennsylvania has no general drug testing statute, but you may not refuse to hire or fire someone solely for being a certified medical marijuana patient; you may still bar use at work, discipline impairment that drops below the job’s standard of care, and keep patients out of life-threatening or safety-risk tasks while under the influence. In Philadelphia, do not test job applicants for marijuana unless the testing is required by law for safety or security, by a federal contract or grant, or by a union contract, or the job may significantly affect others’ health or safety.

• Medical cannabis. An employer may not discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee solely because the person is certified to use medical marijuana. The employer need not accommodate use on its premises, may discipline for being under the influence at work, or working under the influence, when conduct falls below the normal standard of care for the position, and need not violate federal law. Employers may bar patients from tasks the employer deems life-threatening or duties that could create a public health or safety risk while under the influence (not an adverse employment decision); patients may not work at heights or in confined spaces under the influence, or control permitted chemicals or high-voltage electricity or other utilities above 10 ng/mL active THC in blood serum. Medical Marijuana Act, Act 16 of 2016, sec. 2103(b)(1) (35 P.S. 10231.2103) Act 16 of 2016, sec. 2103(b)(2)
• Other limits. Philadelphia: for many jobs it is illegal to require prospective employees to be tested for marijuana as a condition of employment. Exceptions (per the city’s page): testing required by federal or state law for safety or security, required by the federal government for a contract or grant, included in a collective bargaining agreement, and jobs where the work may significantly impact others’ health or safety (the city names law enforcement, medicine and construction as examples). Current employees may still be tested. Complaints go to the Philadelphia Commission on Human Relations; the incident must have happened in Philadelphia within the last 30 days. Phila. Code 9-5502 (city summary page) PCHR complaint page
• Workers’ comp benefits. No compensation when the injury is caused by the employee’s violation of law, including illegal drug use; the employer carries the burden of proof. For intoxication, no compensation if the injury would not have occurred but for the intoxication, again with the burden on the employer. The statute does not mention drug tests or a presumption. 77 P.S. §431 (Act §301(a)) 77 P.S. §431 (Act §301(a))

Rhode Island is one of the strictest states. Test applicants only after a conditional offer. Test employees only on documented reasonable grounds (no random testing), in private, with a federally certified lab confirming any positive, a free independent retest, and a chance to explain. A positive result means a referral to a substance abuse professional, not firing. Do not discipline employees solely for lawful off-duty cannabis use unless the job is hazardous or safety-critical or a federal rule requires it.

• Who it covers. All employers that test applicants or employees by urine, blood or other bodily fluid or tissue (R.I. Gen. Laws ch. 28-6.5). Carve-outs: federally mandated testing of drivers under 49 CFR Part 40 and Part 382; public utility and mass transit testing that federal law mandates as a condition of federal funds; highway maintenance testing done under 49 CFR Part 40; and the Ironworkers IMPACT program (28-6.5-1(e)-(f)).
• Applicants. Only after a job offer conditioned on a negative result. The sample is given in private, and a positive must be confirmed by a federally certified lab by GC/MS or an equally accurate method. Public agencies may test applicants only for law enforcement, corrections, firefighting, or federally required positions.
• Employees. Only when all eight conditions in 28-6.5-1(a) are met, starting with reasonable grounds: specific aspects of job performance plus specific, contemporaneous, documented observations of appearance, behavior or speech suggesting the employee may be under the influence of a controlled substance. Because reasonable grounds is a required condition, the statute leaves no room for random testing of employees (our reading of the conjunctive list).
• Policy and notice. The employer must have adopted a drug abuse prevention policy that complies with the chapter before testing employees.
• Testing process. Private collection with no one present. Positives confirmed by a federally certified lab by GC/MS or an equally accurate method. The employer must offer, at its own expense, an independent retest of the sample and tell the employee about it. The employee gets a reasonable chance to rebut or explain. An employee who tests positive may not be fired on that basis; the employer refers the employee to a substance abuse professional and may require more testing under the referral; an employee whose tests show continued use despite treatment may be fired. Results stay confidential: a positive may be shared only with employees who have a job-related need to know, or to defend a lawsuit the employee brings. R.I. Gen. Laws 28-6.5-1(a)(1) R.I. Gen. Laws 28-6.5-1(a)(3)
• Off-duty cannabis. Employers may ban cannabis use, possession and impairment at work (including remote work) and need not accommodate it. Unless a collective bargaining agreement bars the use, an employer may not fire or discipline an employee solely for private, lawful off-duty use, as long as the employee has not worked and is not working under the influence. Exceptions: federal contractors or employers that would lose a federal monetary or licensing benefit; and jobs that are hazardous, dangerous or essential to public safety (including aircraft, watercraft, heavy equipment or machinery, commercial vehicles, school buses, public transit, explosives, first responders, and emergency and surgical medical staff), where the employer may ban use in the 24 hours before a scheduled shift. Employers may still refuse to hire, fire or discipline for violating a workplace drug policy or for working under the influence (29(e)). In force since 2022-05-25. R.I. Gen. Laws 21-28.11-29(d) R.I. Gen. Laws 21-28.11-29(d)(2)
• Medical cannabis. An employer may not refuse to employ or penalize a person solely for being a registered medical marijuana cardholder. Exceptions: use, possession or being under the influence in any workplace; doing a task under the influence when that would be negligence or malpractice or jeopardize workplace safety; operating vehicles, aircraft, boats, machinery, equipment or firearms under the influence; violating a collective bargaining agreement; and federal contractors or employers that would lose a federal monetary or licensing benefit. R.I. Gen. Laws 21-28.6-4(e)
• Other limits. No random testing of employees (testing needs documented reasonable grounds). Samples are given in private with no one present. A positive alone may not lead to firing; the employee is referred to a substance abuse professional. Public employers may test applicants only for law enforcement, corrections, firefighting, or positions where federal law or federal funds require it. R.I. Gen. Laws 28-6.5-1(a)(2)
• Workers’ comp benefits. No compensation when it is proved that the injury or death resulted from the employee’s intoxication or unlawful use of controlled substances. The statute does not mention drug tests or a presumption. R.I. Gen. Laws 28-33-2
• Penalties. Testing outside the chapter is a misdemeanor: a fine of up to $1,000, up to one year in jail, or both (28-6.5-1(b)). In a civil action the court may award a prevailing employee actual and punitive damages, attorney fees and costs, and grant an injunction (28-6.5-1(c)). R.I. Gen. Laws 28-6.5-1(b) R.I. Gen. Laws 28-6.5-1(c)(1)

South Carolina lets private employers drug test with few limits. To earn the workers’ comp premium credit (at least 5%), run a qualified program: a written policy statement, notice to every employee when the program starts or at hire, random testing of all paid staff, a positive given to the employee in writing within 24 hours, and test records kept one year. Keep all results confidential unless the employee signs a release; results can still come out in a civil or administrative case.

• Who it covers. South Carolina does not require or restrict private testing in general. Two statutes reach some employers: any employer may set up a workplace drug prevention program under 41-1-15 (policy statement, employee notice, confidentiality), and state grantees and contractors at $50,000 or more must certify a drug-free workplace (44-107).
• Applicants. No statute limits pre-employment testing. Under a 41-1-15 program, notice of the program is given at hire if the program already exists.
• Employees. No statute limits random or reasonable-suspicion testing. A program used for the workers’ comp premium credit must include random sampling of everyone the employer pays.
• Policy and notice. A 41-1-15 program includes a substance abuse policy statement and notice to all employees when the program starts or at hire, whichever is earlier. State contractors/grantees must publish a drug-free statement, run an awareness program, and give each contract employee a copy.
• Testing process. Under 41-1-15, test information is confidential. Employers, labs, MROs, insurers, rehab programs and their agents may release it only with the employee’s voluntary signed consent form (naming who gets it, why, what, for how long), except in a civil or administrative proceeding, on a court order, or in a related licensing-board proceeding. Results may not be used in a criminal case against the employee. For the premium-credit program: a single sample may be split for a second test, the employee gets a positive result in writing within 24 hours after the employer receives it, and the employer keeps records of each test for up to one year. S.C. Code 41-1-15(C) S.C. Code 44-107-30
• Other limits. No hair-testing limit, random-testing ban or local ordinance found; the unemployment law even lists hair among the specimens a positive employer test may come from. Occupation rules: (1) a person must submit to a drug test before being employed as an in-home caregiver by a licensed in-home care provider, and licensed providers and their caregivers are subject to random drug testing (44-70-60, 44-70-70). (2) A security officer registration application must include certified results of a SLED-approved drug screen (40-18-80). Transportation network companies are not required to drug test their drivers (58-23). S.C. Code 44-70-60(B) S.C. Code 44-70-70
• Workers’ comp program. South Carolina’s comp merit rating system must include a credit of at least 5% (or a lower actuarially sound credit the Director of Insurance orders) for an insured that runs a program to prevent drug or alcohol use on the job (S.C. Code 38-73-500). For policies issued or renewed since October 1, 1997, insurers must grant a premium reduction of at least 5% (38-73-505). The Director certifies programs and sets guidelines, which insurers use unless they have their own. S.C. Code 38-73-500(B) S.C. Code 38-73-500(C)
• Workers’ comp benefits. No compensation if the injury or death was caused by the employee’s intoxication. The party claiming the bar carries the burden of proof. The statute does not mention drug tests or a presumption. S.C. Code 42-9-60
• Penalties. State contractors and grantees that fail the drug-free workplace duties face suspension of payments or termination of the contract or grant. S.C. Code 44-107-60
• Deadline: 24 hours from the employer receives a positive test result (premium-credit program): deadline to give the employee the positive result in writing. S.C. Code 38-73-500(C)
• Deadline: 5 calendar days from a contract employee’s criminal drug conviction for a workplace violation: deadline for the employee to notify the employer (state contracts/grants). S.C. Code 44-107-30(4)(b)
• Deadline: 10 calendar days from the employer receives notice of the conviction: deadline to notify the state agency. S.C. Code 44-107-30(5)
• Deadline: 30 calendar days from the contractor or grantee receives notice of an employee’s conviction under the state controlled substances article (Title 44, ch. 53, art. 3): deadline to take personnel action (up to firing) or require the employee to complete an approved drug abuse assistance or rehabilitation program. S.C. Code 44-107-50

South Dakota has no general drug testing statute, and employers may run a drug-free workplace policy with testing. For a registered medical cannabis patient, treat the card like a prescription in hiring and testing. The exception is a safety-sensitive job (one you reasonably believe could cause injury, death or serious property damage): there a positive cannabis test alone may justify refusing to hire or taking action. You never have to allow use or impairment at work.

• Medical cannabis. A registered medical cannabis patient gets the same rights in dealings with an employer, in employer drug testing, and in government-required drug testing as a person taking a prescribed medicine. Exceptions: an employer may take adverse action against an employee, or refuse to hire an applicant, based solely on a positive cannabis metabolite test for a safety-sensitive job. ‘Safety-sensitive job’ means any position whose tasks the employer reasonably believes could cause illness, injury or death, or serious property damage. Employers need not allow cannabis or work under its influence at the workplace, may enforce a drug-free workplace policy (with testing) against applicants and employees, and face no discrimination or wrongful-termination claim for enforcing a compliant policy. The rights yield to federal obligations and federal funding or licensing benefits. SDCL 34-20G-22 SDCL 34-20G-22
• Workers’ comp benefits. No compensation for an injury or death due to willful misconduct, which includes intoxication and illegal use of any Schedule I or II drug. The employer carries the burden of proof. The statute does not mention drug tests or a presumption. SDCL 62-4-37 SDCL 62-4-37

Tennessee does not limit private drug testing unless you join the state’s voluntary Drug-Free Workplace Program. If you join for the workers’ comp premium credit (5% per the Bureau), follow its steps: 60 days’ notice, a written policy to staff and applicants, one hour of training within 60 days, tests after a conditional offer, on documented reasonable suspicion, after any injury, for fitness for duty, and follow-ups for two years after a positive. Use HHS methods and MRO review, pay for every test, and never act on a positive the MRO has not verified.

• Other limits. Program employers with healthcare practitioners must report a practitioner’s confirmed positive or refusal to the Department of Health and the licensing board. Tenn. Comp. R. & Regs. 0800-02-12-.02(13)
• Workers’ comp program. Tennessee Drug-Free Workplace Program (voluntary; T.C.A. 50-9-101 et seq.; Tenn. Comp. R. & Regs. 0800-02-12, revised effective May 6, 2018), run by the Bureau of Workers’ Compensation. A covered employer gets a workers’ comp premium credit (the Bureau’s guide says 5%) that accrues pro rata from the date the Bureau receives its certification. Discharge or refusal to hire under the program counts as for cause, and a positive test creates a presumption in comp claims. Bureau of Workers' Compensation, Employer Implementation Guide 0800-02-12-.02(2)
• Workers’ comp benefits. For a covered drug-free workplace employer, a positive confirmed test creates a presumption, absent clear and convincing evidence to the contrary, that drugs or alcohol were the proximate cause of the injury. An employee who unsuccessfully challenged a positive result with the MRO may contest it by filing a Petition for Benefit Determination. 0800-02-12-.06(2) 0800-02-12-.14(1)

Texas has no general drug testing law, so private employers set their own testing policy, including random testing. The old rule that employers with 15 or more employees adopt a drug abuse policy was repealed in 2005; a written policy is still good practice. Texas’s low-THC medical program gives employees no job protection.

• Other limits. No hair-testing limit or random-testing ban. Occupation rules: towing companies must have an alcohol and drug testing policy for towing operators (the state model requires at least one scheduled test a year and allows random tests). Vehicle storage facility license holders must have a drug testing policy for employees. Licensed home health agencies must give clients and anyone who asks a written statement of their drug testing policy for staff with client contact (nursing institutions have a similar notice rule, HS 242.0371). Employers that test CDL holders under federal rules must report a valid positive, a refusal, or an adulterated or substituted specimen to the Department of Public Safety. Tex. Occ. Code 2308.158(a) Tex. Occ. Code 2308.158(b)
• Workers’ comp benefits. The insurance carrier is not liable for compensation if the injury occurred while the employee was intoxicated. Intoxication means an alcohol concentration that qualifies as intoxicated under the Penal Code, or loss of normal faculties from voluntary use of alcohol, a controlled substance, a dangerous drug or similar substances; properly prescribed drugs and incidental workplace exposure are excluded. A blood test or urinalysis showing voluntary use of a controlled substance creates a rebuttable presumption of intoxication. Tex. Lab. Code 406.032(1)(A) Tex. Lab. Code 401.013(c)

Utah lets employers test applicants and employees, including random testing, when the testing follows a written policy given to employees and available to applicants. Pay for the tests, let people list their medications, confirm any positive (urine at an HHS-certified lab) before acting, keep results confidential, and test managers too. Following the chapter protects you from most lawsuits. Private employers need not accommodate medical cannabis.

• Who it covers. Any employer that tests employees or prospective employees (Utah Code ch. 34-38, Drug and Alcohol Testing). The chapter is a safe-harbor law: an employer that complies is protected from liability. It does not require private employers to test.
• Applicants. Prospective employees may be tested under the written policy; the policy must be available for applicants to review. A confirmed failed test or a refusal may be grounds to refuse to hire. No conditional-offer requirement found.
• Employees. Testing must fall within a written policy for one of these purposes: investigating possible impairment, investigating accidents or theft, safety of employees or the public, or productivity, quality or security. Testing need not be limited to signs of impairment, so random testing is allowed. Management must also be tested periodically.
• Policy and notice. A written policy distributed to employees and available for review by prospective employees.
• Testing process. The employer chooses the sample type and pays all testing costs, including transportation when a current employee is tested away from the workplace. Testing of current employees happens during or right after the work period and counts as work time. Collection is private, sanitary and documented, and lets the person list medications or other relevant medical information. A failed test must be confirmed (GC, GC-MS or a comparable method; urine at an HHS-certified NLCP lab) before the employer acts. Test-related information is the employer’s property and is confidential: it may not be used as evidence, obtained in discovery or disclosed in any proceeding, except a proceeding about the employer’s action under the chapter, a defamation claim under 34-38-11, or required reporting to the Division of Professional Licensing. Utah Code 34-38-7(1) Utah Code 34-38-7(3)
• Medical cannabis. Private employers: no protection. Nothing requires a private employer to accommodate medical cannabis or stops it from restricting use by applicants or employees. Government employers (the state and political subdivisions) may act against an employee for a failed test for lawfully used medical cannabis, or for cardholder status alone, only if they would do the same for a lawfully used prescribed controlled substance or a prescription; they must have a written policy that does not treat cannabis differently. Before acting solely on cardholder status, a government employer must consult its legal counsel (if it has one) and get approval from the mayor or county executive, or the state agency head or designee. Exceptions: federal funding, security clearances or other federal background determinations, and positions that depend on a federally regulated license or peace officer certification. An affected employee may file a complaint with the Labor Commission. Utah Code 34A-5-115(6) Utah Code 34A-5-115(2)(a)
• Other limits. Organizations storing or transporting high-level nuclear waste must run mandatory testing for applicants and employees. No hair-testing or random-testing ban. Utah Code 34-38-3(2)(a)
• Workers’ comp benefits. Unless the employer permitted, encouraged or knew of it, no disability compensation when the major contributing cause of the injury is the employee’s knowing use of a non-prescribed controlled substance, intentional abuse of a prescribed one, or alcohol at .05 or more; a 15% cut when it is a contributing but not the major cause. A properly confirmed (GC/MS or similar) chemical test showing any amount of a non-prescribed controlled substance, or alcohol at .05 or more, creates a presumption of major cause. The employee can rebut it by a preponderance, for example by showing the employer did not follow 34-38-4 to 34-38-6, or urinary cannabinoids under 50 ng/ml (possible passive inhalation). Utah Code 34A-2-302(3)(b)(i) Utah Code 34A-2-302(3)(b)(ii)
• Penalties. No fines. A compliant employer is shielded: no claim arises from its action under 34-38-8 unless the action rests on an inaccurate result. Even then, a result is presumed valid if the employer followed 34-38-6, and the employer owes no money damages if it relied on the result reasonably and in good faith (34-38-10). Defamation-type claims are limited (34-38-11). Utah Code 34-38-9 Utah Code 34-38-10(2)(b)

Virginia has no general drug testing statute, so you may set your own policy. Do not fire, discipline or discriminate against an employee for lawful, certified medical cannabis oil use; you may still act on impairment at work, ban possession during work hours, and follow federal rules. Legal adult possession of marijuana carries no job protection. For workers’ comp, a positive SAMHSA-certified lab test supports a presumption of intoxication.

• Medical cannabis. No employer (including the state and local governments) may fire, discipline or discriminate against an employee for lawful use of cannabis oil under a valid written certification from a practitioner. Employers may still act on work impairment caused by cannabis oil, ban possession during work hours, and need not violate federal law or lose a federal contract or funding. Defense industrial base employers and prospective employers need not hire or keep an applicant or employee who tests above 50 ng/ml THC in urine or 10 pg/mg in hair. Law-enforcement officers are excluded from ’employee’. Va. Code 40.1-27.4(B) Va. Code 40.1-27.4(C)
• Other limits. Workers’ comp: no compensation for an injury caused by intoxication or use of a nonprescribed controlled substance. If the employer raises that defense and a SAMHSA-certified lab test of bodily fluids is positive for a nonprescribed controlled substance (or alcohol meets the DUI level), a rebuttable presumption of intoxication arises; the employee can overcome it by clear and convincing evidence. No hair-testing limit, random-testing ban or local ordinance found, other than the defense-industrial-base thresholds. Va. Code 65.2-306(B) Va. Code 65.2-306(B)
• Workers’ comp program. Every Virginia workers’ comp insurer must give a premium discount of up to 5% to an employer that sets up and keeps a drug-free workplace program meeting the criteria that insurer sets (Va. Code 65.2-813.2, 1997, amended 2001). There is no state certification or state program standard; each insurer sets its own criteria and the exact discount, up to 5%. Va. Code 65.2-813.2
• Workers’ comp benefits. No compensation for an injury or death caused by the employee’s intoxication or use of a non-prescribed controlled substance. The employer has the burden of proof, but if alcohol was at or above the DUI standard (18.2-266), or a SAMHSA-certified lab reports a positive test for a non-prescribed controlled substance, a rebuttable presumption of intoxication arises. The employee can overcome it by clear and convincing evidence. The presumption does not apply if the employee dies from the injury. Va. Code 65.2-306(B) Va. Code 65.2-306(B)

Vermont strictly limits drug testing. Test applicants only after a conditional offer and written notice listing the drugs; test employees only on probable cause of on-the-job use, never randomly unless federal law requires it. Use a Health Department-designated lab and an MRO, never require blood, and have a rehabilitation program available: an employee who tests positive and completes it keeps the job.

• Who it covers. All employers and employment agencies with one or more people working in Vermont (21 V.S.A. 511-519). One of the strictest state laws.
• Applicants. Banned unless all three: a job offer conditioned on a negative result; written notice of the testing procedure and the list of drugs tested, which also states that therapeutic levels of medically prescribed drugs will not be reported (the applicant cannot waive this notice); and a test run under section 514.
• Employees. Random and company-wide testing is banned unless federal law requires it. An individual employee may be tested only on probable cause that the employee is using or under the influence of a drug on the job, and only if the employer has a bona fide rehabilitation program available. An employee who tests positive and completes the program may not be fired; suspension is limited to the program time and no more than three months. A later positive under the same rules may lead to termination.
• Policy and notice. Give everyone tested a written policy covering when testing happens, the procedures, the drugs screened, that over-the-counter medicines may cause a positive, and the consequences of a positive. The policy must include all of section 514.
• Testing process. No blood samples may be required. Use only a lab designated by the Department of Health. The employer designates a collector; the collector may be an employee for applicant tests but not for probable-cause employee tests. Chain of custody keeps the person anonymous. Urine positives are confirmed by GC/MS or an equivalent quantitative method; at the person’s request and expense, a blood sample may be drawn at the same time and preserved. A lab may report a positive only if both the initial and confirmation tests are positive. Therapeutic levels are reported as negative. The employer contracts with or employs a certified Medical Review Officer (a licensed physician) who reviews all results, discusses results and options with the person tested, reports only confirmed results to the employer, contacts anyone who tests positive, and offers a retest of part of the sample at an independent lab at the person’s expense. A portion of each positive sample is kept at least 90 days after the person gets the result. Strict confidentiality; release only on voluntary written consent. 21 V.S.A. 512(b)(1)-(2) 21 V.S.A. 513(b)
• Other limits. No random or company-wide testing unless federally required; no blood samples; only Department of Health-designated labs; therapeutic drug levels reported as negative. 21 V.S.A. 514(8) 21 V.S.A. 518(c)
• Workers’ comp benefits. No compensation for an injury caused by or during the employee’s intoxication. The employer carries the burden of proof. The statute does not mention drugs, drug tests or a presumption. 21 V.S.A. §649 21 V.S.A. §649
• Penalties. Applicants and employees may sue for an injunction, damages, costs and attorney fees; the employer bears the burden of proving compliance. State civil penalty: $500 to $2,000 per violation. Knowing violation: fine of $500 to $1,000, up to six months in jail, or both. 21 V.S.A. 519(c) 21 V.S.A. 519(b)
• Deadline: 90 calendar days from the person tested receives a positive result: minimum time a portion of the positive sample must be preserved for retesting. 21 V.S.A. 514(10)
• Deadline: 3 months from an employee’s positive probable-cause test, when the employee enters the assistance program: maximum suspension while completing the program. 21 V.S.A. 513(c)(3)

Washington employers may drug test. Since January 1, 2024, you may not refuse to hire someone for off-duty cannabis use or for a pre-employment test showing only nonpsychoactive cannabis metabolites. Use a test that does not screen for those metabolites, or a multi-drug panel whose cannabis result is kept from you, unless the job is exempt: law enforcement, fire, other first responders and 911 dispatch, corrections, airline or aerospace, a federal background check or clearance, or a safety-sensitive job you listed before the person applied. Post-accident and reasonable-suspicion testing of employees is unaffected.

• Off-duty cannabis. Employers may not discriminate in initial hiring based on a person’s off-the-job cannabis use or an employer-required test that finds nonpsychoactive cannabis metabolites in hair, blood, urine or other fluids. Employers may use valid tests that do not screen for those metabolites, may run a multi-drug panel if cannabis results are not given to the employer, and may keep a drug-free workplace and test after accidents or on suspicion of impairment. Exempt applicants: positions needing a federal background investigation or security clearance, general authority law enforcement, fire departments, other first responders and 911 dispatchers, corrections officers, airline or aerospace jobs, and safety-sensitive positions where impairment risks death, if the employer identified them before the application. Testing required by state or federal law, federal funding, licensing or a federal contract is not affected. In force since 2024-01-01. RCW 49.44.240(1) (enrolled ESSB 5123, 2023 c 359 s 2) RCW 49.44.240(1)(b) (enrolled ESSB 5123, 2023 c 359 s 2)
• Other limits. Pre-employment hair, blood, urine or other tests that find only nonpsychoactive cannabis metabolites may not be the basis to refuse to hire (except exempt positions). RCW 49.44.240(2)(a)

Wisconsin does not limit private drug testing, and neither recreational nor medical marijuana is legal, so THC testing is open to you. On public works or public utility projects, have a written substance abuse prevention program before work starts. Test workers before the project (unless they were in a random program for the past 90 days), and test randomly, on reasonable suspicion and after accidents. Pay the costs, follow SAMHSA lab rules, and remove anyone who fails or refuses until a negative test clears them.

• Who it covers. No general statute limits private-employer drug testing. One law requires testing: contractors, subcontractors and their agents working on state or local public works projects or public utility projects in the right-of-way must have a written substance abuse prevention program (Wis. Stat. 103.503).
• Applicants. Public works / utility project employers: test each covered employee before starting work on the project, unless the employee was in a random testing program in the 90 days before. Others: no state limit.
• Employees. Public works / utility project employers: random, reasonable-suspicion and post-accident drug and alcohol testing. Others: no state limit.
• Policy and notice. Public works / utility project employers: the written program must be in place before work starts, ban drug and alcohol use or impairment on the project, and include a procedure to notify an employee who violates it, tests positive or refuses that the employee may not work on the project until return conditions are met.
• Testing process. The employer pays all program and testing costs. Testing and specimen handling follow SAMHSA lab and chain-of-custody guidelines. An employee who tests positive, refuses, or violates the ban must be removed from the project immediately. The employee may return only after the employer gives the contracting agency documents showing a negative drug test, no alcohol influence, and approval to return under the employer’s program. The contracting agency can ask the employer to remove an employee on reasonable suspicion. Wis. Stat. 103.503(3)(a)2. Wis. Stat. 103.503(3)(b)
• Other limits. Public works and public utility project contractors must test (pre-project, random, reasonable suspicion, post-accident) and remove employees who fail or refuse. Unemployment insurance: an employer may voluntarily report to the Department of Workforce Development a failed or refused pre-employment drug test (one that was a condition of a job offer), under DWD rules; the department uses it to decide whether a claimant keeps benefits, and an employer that reports in good faith is immune from civil liability for the report. Wis. Stat. 103.503(2) Wis. Stat. 108.133(4)(a)
• Workers’ comp benefits. If an employee breaks the employer’s drug or alcohol policy and the violation causes the injury, no compensation or death benefits are paid. The employer still owes medical care and drug treatment. Case notes on the statute say the employer must prove both the intoxication and its causal link to the injury. Wis. Stat. 102.58(2) Wis. Stat. 102.58(2)
• Deadline: 90 calendar days from the date the employee starts work on the project, counting back: window in which random-program participation excuses the pre-project test. Wis. Stat. 103.503(3)(a)2.

West Virginia’s Safer Workplace Act lets private employers test applicants and employees, including random testing, under a written policy given to employees and available to applicants. Pay for the tests, confirm every positive at a certified lab before acting, let the person pay to test the split sample, and keep results confidential; follow the Act and you are shielded from most lawsuits. Do not refuse to hire or fire someone solely for being a certified medical cannabis patient. Public construction contractors (over $100,000) must run a full drug-free workplace program.

• Who it covers. Private employers with one or more full-time employees in West Virginia (W. Va. Code ch. 21, art. 3E, the West Virginia Safer Workplace Act, 2017). It is a voluntary safe-harbor law: it makes testing of applicants and employees lawful and protects employers that follow its safeguards; it does not require testing (21-3E-14). It excludes the state, local governments and tribes, and employers already under other testing statutes, such as public improvement contractors (art. 1D). Art. 1D separately requires testing by contractors and subcontractors on public improvement construction contracts over $100,000.
• Applicants. Safer Workplace Act: an employer may test prospective employees under a written policy that is available for them to review, and may refuse to hire on a confirmed positive or a refusal. No conditional-offer requirement. Public improvement contractors (art. 1D): pre-employment drug tests of all employees.
• Employees. Safer Workplace Act: testing under the written policy for deterrence or detection of drug use, investigating impairment, accidents, theft or misconduct, safety, or productivity, quality or security; testing need not be limited to signs of impairment, so random testing is allowed. A confirmed positive in a sensitive position (where an accident could cause loss of life, serious injury or significant property or environmental damage) allows permanent removal, transfer, or termination under the policy. Public improvement contractors: random tests of at least 10% of safety-sensitive employees a year; post-accident tests where reasonable cause exists, as soon as possible after medical care; reasonable-cause tests by a trained supervisor, with written documentation; and random tests for one year after a positive if the employee is not fired.
• Policy and notice. Safer Workplace Act: a written policy distributed to every employee subject to testing and available to applicants; on request, information on any counseling, EAP or treatment the employer offers (none required). To use the workers’ comp forfeiture, the policy must tell all employees that working with drugs or alcohol in the body is barred and that an injured employee who refuses a test forfeits indemnity benefits (21-3E-16). Public improvement contractors: a written drug-free workplace policy given to every employee and applicant; a bid affidavit; two hours of employee education within six weeks of hire (unless trained in the prior two years) and again at least biannually; two hours of supervisor training a year; an annual or end-of-project certified report to the public authority.
• Testing process. Safer Workplace Act: the employer chooses the sample type and pays all testing costs; employee tests occur during or right before or after a work period and count as worked time; transportation is provided or paid for off-site tests. Sanitary collection; any observer of urine collection is the same sex; labeled samples with chain of custody; the person may list prescriptions or other relevant medical information. Confirmatory testing at a SAMHSA-certified, CLIA-approved or CAP-approved lab, using a different chemical process (GC/MS or comparable). Adverse action, including refusing to hire, only on a confirmed positive. The person may have the split sample tested at another lab, at that person’s cost. Results are confidential and may not be used as evidence, obtained in discovery, or disclosed except in a proceeding about the employer’s action. Public improvement contractors: a nine-panel urine screen at federal limits, an HHS-certified lab, MRO review of positives, and a procedure to contest a positive; individual results are confidential and may not be used in a criminal proceeding without the employee’s consent (21-1D-7a). W. Va. Code 21-1D-5(1)(B) W. Va. Code 21-1D-2(d)
• Medical cannabis. An employer may not fire, threaten, refuse to hire or otherwise discriminate or retaliate against an employee solely for being certified to use medical cannabis. The employer need not allow use on its premises, may discipline for being under the influence at work, or working under the influence, when conduct falls below the job’s normal standard of care, and need not violate federal law. Patients may not perform duties at heights or in confined spaces (including mining) while under the influence, and an employer may bar a patient under the influence from life-threatening tasks or duties that risk public health or safety; that bar is not an adverse employment decision. W. Va. Code 16A-15-4(b)(1) W. Va. Code 16A-15-4(b)(2)
• Other limits. Public improvement construction contractors (over $100,000) must run pre-employment, random (10% of safety-sensitive staff a year), post-accident and reasonable-cause testing with a nine-panel urine screen. Under the Safer Workplace Act, an employee who is fired for a drug or alcohol level the policy bars, and was injured while intoxicated, forfeits workers’ comp indemnity benefits, if the policy gave the required notice. W. Va. Code 21-1D-5(1)(A) W. Va. Code 21-3E-16
• Workers’ comp benefits. No comp for an injury or death caused by the employee’s intoxication. With a reasonable, good-faith objective suspicion, the employer may require a blood test. The employee is deemed intoxicated, and intoxication the proximate cause, if a blood test within two hours shows more than 0.05% alcohol, or the test shows on- or off-the-job use of a non-prescribed Schedule I-V controlled substance. W. Va. Code 23-4-2(a) W. Va. Code 23-4-2(a)
• Penalties. Safer Workplace Act: no fines; employers that follow it are shielded from most claims (no claim unless the employer knew a false positive was wrong and ignored the true result; a presumption of validity; no money damages for reasonable, good-faith reliance). Public improvement contractors: contract cancellation for failing to implement or report on the policy; a misdemeanor fine of up to $1,000 for a first offense, $1,000 to $5,000 for a second, and $5,000 to $25,000 plus a one-year bar from bidding for a third within five years; $50 to $250 for anyone who aids a violation. W. Va. Code 21-1D-4(2) W. Va. Code 21-1D-8(a)
• Deadline: 1 business days from the public authority requests the missing affidavit from the low or second-low bidder: deadline to submit the drug-free workplace affidavit. W. Va. Code 21-1D-5
• Deadline: 6 weeks from a new employee’s hire date (public improvement contractor): deadline for at least two hours of drug-free workplace employee education (unless trained within the prior two years). W. Va. Code 21-1D-5(12)
• Deadline: 1 years from an employee’s positive test, if the employee is not fired (public improvement contractor): end of the period in which the employee is subject to random tests at any time. W. Va. Code 21-1D-5(7)

Wyoming does not regulate private drug testing, and marijuana is not legal for any use, so you may set your own testing policy. To earn up to a 10% workers’ comp base-rate discount, run a Division-approved program: a written policy, 60 days’ notice for a new program, pre-employment, random (at least 20% of staff a year), reasonable-suspicion and post-accident tests, yearly training, and a five-working-day window for employees to contest a positive. Apply every year.

• Other limits. No hair-testing limit, random-testing ban or local employment ordinance found. Wyoming makes it a crime to defraud a drug or alcohol screening test: selling or bringing in urine or other products to beat a test, substituting or spiking a sample, adulterating a hair or urine sample, or possessing or selling adulterants for that purpose. A first offense is a misdemeanor with up to 6 months in jail, a fine up to $750, or both. (School districts may not spend foundation funds on random student drug testing without parent approval; not an employer rule.) W.S. 6-3-614(a)(iii) W.S. 6-3-614(c)(i)
• Workers’ comp program. Wyoming’s Workers’ Compensation Division (the state fund) grants a discount of up to 10% of the base rate to an employer that follows a Division-approved drug and alcohol testing program (Wyo. Stat. 27-14-201(o)). It stacks with up to 10% each for an approved safety program and a health and safety consultation program, capped at 30% in total. In approving programs the Division weighs, among other things, whether the employer adopts and enforces a drug-free workplace policy, which may include an EAP. The rules may not require the employer to pay for treatment. Wyo. Stat. 27-14-201(o) Wyo. Stat. 27-14-201(o)
• Workers’ comp benefits. A compensable injury does not include an injury caused by the employee being intoxicated or under the influence of a controlled substance, except a prescribed drug taken as directed. The Division’s rules define ‘intoxicated’ and ‘under the influence’ (not read here). Wyo. Stat. 27-14-102(a)(xi)(B)(I)