Employment Drug Testing Law 2024

Naomi Carr
Hailey Shafir
Written by Naomi Carr on 14 March 2024
Medically reviewed by Hailey Shafir on 22 July 2024

Some jobs require drug testing before and during employment and the laws around this can vary depending on the industry and state. Because of these differences and the ongoing changes to substance regulations, it can be unclear on current policies and requirements of employment drug tests.

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Understanding employment drug testing and the law

Drug testing can occur during pre-employment checks or at various times during employment. These will typically test for amphetamine, cocaine, marijuana, opiates, and phencyclidine, although some tests include additional substances. Most often, this will be tested with urine screening, although some employers might also use hair, saliva, or blood tests.

In some industries, it is a requirement to receive pre-employment and regular drug testing. For many job roles, drug testing is not required by law, but may be requested for certain reasons at the discretion of the employer. Drug testing is conducted to ensure the safety and productivity of employees.

For a full rundown on how to create a drug-free workplace, visit our Drug and Alcohol Resources for Employers page.

Federal employment drug testing laws

Various laws are in place in the United States that impact drug testing policies, including:

  • Drug-Free Workplace Act of 1988: States that employers must enforce drug testing policies when receiving federal contracts of $100,000 or more, or federal grants of any amount. This act ensures employers prohibit and establish awareness of drug use and inform employees of the consequences.
  • Family and Medical Leave Act: This act allows employees up to 12 weeks of unpaid leave from work to address their own or their family member’s serious medical conditions. This includes drug and alcohol addiction treatment programs.
  • Title VII of the Civil Rights Act of 1964: This act prohibits employers from discriminating against individuals based on race, nationality, religion, or color. This means that employers cannot request drug tests based on protected characteristics. 
  • Americans with Disabilities Act: This act prohibits the discrimination of employees due to disability. Employers cannot refuse to hire someone based on past substance use or engagement in a rehabilitation program (this does not apply to current circumstances).
  • National Labor Relations Act: This act states that an employer in a unionized workplace must discuss and negotiate with the union before implementing drug testing policies.
  • Drug testing laws in specific industries

Certain industries also uphold specific regulations, including:

  • Omnibus Transportation Employee Testing Act of 1991: Drug testing is mandatory for employees working in the transportation industry, including the Department of Transportation, Federal Aviation Administration, Federal Railroad Administration, Federal Transit Administration, and Nuclear Regulatory Commission. Employees must comply with their agency's regulations relating to drug testing.
  • Department of Defense Regulations: Employees with access to classified and sensitive information must adhere to drug-free workplace policies and drug testing.

Industries in which drug testing is often required or conducted include:

  • Healthcare and hospital workers
  • Transportation
  • Government
  • Automotive
  • Manufacturing

Pre employment drug testing laws by state 2024

StateWhich employers does this apply to?Can employers conduct pre-employment tests?Can employers dismiss or refuse to hire employees based on refusal or positive results?Is marijuana use legal?
AlabamaAllAfter giving a conditional job offer and informing the applicant of the drug testing policy.YesNo
AlaskaAllYes, no restrictionsYesYes, both medical and recreational
ArizonaPrivate employers, school district transportation agencies, school districtsAfter informing the applicant of the drug testing policy.Requirement for school bus drivers.YesYes, both medical and recreational
ArkansasFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
CaliforniaState agenciesRequirement for drivers of public transportation.Permitted for applications to state agency roles in positions of sensitivity.YesYes, both medical and recreational
ColoradoFederal regulations applyFederal regulations applyFederal regulations applyYes, both medical and recreational
ConnecticutPrivate sector employeesAfter informing the applicant of the drug testing policy.Industries exempt from the rule: construction, mining, educational services, utilities, justice, transportation or delivery, public order and safety activities, manufacturing, healthcare or social services, national security, and international affairs.YesYes, both medical and recreational
DelawarePublic and private schools, school transportation, Department of CorrectionsRequirement for security positions within the Department of Correction and for school bus drivers. Can be conducted any time before the start of employment.YesYes, medicinal use only
FloridaPublic employers of law enforcement and safety-sensitive roles.Private employers with three or more employees.After informing the applicant of the drug testing policy.YesYes, medicinal use only
GeorgiaPublic schools, school transportation agencies, state government employers, and private employers.Permitted for applications to positions in public schools, state government, and private companies.Yes, and applicants might be unable to apply to roles in state agencies or public schools for 2 years.No
HawaiiAllAfter informing the applicant of the drug testing policy and permitting them to disclose prescription and nonprescription substances.Requirement for civil service applicants in Honolulu.YesYes, medicinal use only
IdahoAllAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
IllinoisAllAny time before starting employment, if all requirements are stated within the company’s policy.YesYes, both medical and recreational
IndianaFederal regulations applyFederal regulations applyFederal regulations applyNo
IowaPublic and private employersOnly if the applicant has been informed of drug testing and the job role advertisement gives notice of drug testingYesNo
KansasState governmentFor safety-sensitive jobs after an offer has been given. Job advertisements must give notice of drug testing.YesNo
KentuckyFederal regulations applyFederal regulations applyFederal regulations applyNo
LouisianaPublic and private employers need not utilize a federally-mandated testing programAny time before starting employment, if all requirements are stated within the company’s policy.YesYes, medicinal use only
MainePublic and private employersAfter informing the applicant of the drug testing policy.YesYes, both medical and recreational
MarylandAllAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
MassachusettsFederal regulations applyFederal regulations applyFederal regulations applyYes, both medical and recreational
MichiganFederal regulations applyFederal regulations applyFederal regulations applyYes, both medical and recreational
MinnesotaPublic and private employersAfter informing the applicant of the drug testing policy and conditional offer givenYesYes, medicinal use only
MississippiPublic and private employersAny time before starting employment, if all requirements are stated within the company’s policy.YesYes, medicinal use only
MissouriFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
MontanaPublic and private employersFor certain industries and positions, including transport, hazardous environments, safety, and security.YesYes, both medical and recreational
NebraskaPublic employers and private employers with six or more employeesAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
NevadaState agenciesFor public safety positions, at any time before starting employment, if all requirements are stated within the company’s policy.YesYes, both medical and recreational
New HampshireFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
New JerseyAllAny time before starting employment, if all requirements are stated within the company’s policy.Yes, but does not apply to cannabis use outside of workYes, both medical and recreational
New MexicoFederal regulations applyFor zero-tolerance drug testing programs.Where company policies require drug testing, results must be submitted before final interviews.YesYes, both medical and recreational
New YorkFederal regulations applyFor some security-sensitive and safety rolesYesYes, both medical and recreational
North CarolinaPublic and private employersAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
North DakotaFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
OhioAllAfter giving notice with a job offerYesYes, medicinal use only
OklahomaPublic and private employersAfter giving notice and a conditional job offer. Notice must be in writing with clear information on methods, procedures, and policies.YesYes, medicinal use only
OregonAllIf there is reasonable suspicion.YesYes, both medical and recreational
PennsylvaniaFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
Rhode IslandPublic and private employersIn the private sector after a conditional offer is given.In the public sector for safety jobs or when required by federal lawYesYes, medicinal use only
South CarolinaAllAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
South DakotaState governmentFor safety-sensitive jobs after an offer has been given. Job advertisements must give notice of drug testing.YesYes, both medical and recreational
TennesseeState department of correctionsAny time before starting employment, if all requirements are stated within the company’s policy.YesNo
TexasFederal regulations applyFederal regulations applyFederal regulations applyNo
UtahPrivate employers, state institutions of higher education, and local government agenciesIn the private sector.In local governments and state colleges after giving a notice and informing of the drug testing policy.YesYes, medicinal use only
VermontPublic and private employersAfter giving advance notice and a conditional job offer.If the test forms part of the pre-employment physical exam.YesYes, both medical and recreational
VirginiaFederal regulations applyFederal regulations applyYes, does not apply to cannabis oil that has been prescribed by a healthcare practitionerYes, both medical and recreational
WashingtonPrivate employers wishing to qualify for 5% workers’ compensation and premium discount (after approval by state authorities)After giving notice and a conditional job offer to the applicantYesYes, both medical and recreational
West VirginiaFederal regulations applyFederal regulations applyFederal regulations applyYes, medicinal use only
WisconsinFederal regulations applyFederal regulations applyFederal regulations applyNo
WyomingFederal regulations applyFederal regulations applyFederal regulations applyNo

What protection do employees have?

Employees can:

  • Refuse a drug test: Employees can refuse a drug test, although this may result in being dismissed or disciplined in the same manner as a positive test result. State laws may vary regarding the consequences of this. 
  • Expect confidentiality: Drug test results must be kept confidential, along with any consequences of positive results.
  • Expect certified testing: Drug tests must take place in certified laboratories or conducted by a trained collector. 
  • Dispute results: Employees can dispute the results of a test, particularly if they believe a prescribed medication has shown as an illicit substance. In this instance, employees should gather evidence and discuss this with the Medical Review Officer (MRO). In some cases, it may be necessary to seek legal advice on this.
  • Request a retest: Employees can request a retest within the first 72 hours of test results. In most cases, this will involve retesting the same sample and will be conducted at the employees’ own expense.
  • Expect to be informed and notified: Employees must receive all information about drug testing policies, how and when drug tests are carried out, and the consequences of positive results. They must also give consent before testing.
  • Expect equal rights: All employees of equal positions should receive the same testing and there should be no discrimination based on the person or their background.

What rights do employers have?

Employers can:

  • Use drug testing as a condition for hiring: State laws vary but most employers can state that a drug test is necessary before hiring an employee and that a positive result will result in a failed application.
  • Decide disciplinary action: Employers can decide the consequences of a positive drug test result, which may involve referring the employee to specialist services or employment termination.
  • Conduct regular testing: Employers can conduct drug testing regularly, at random, post-accident, or with reasonable suspicion. State laws may vary on this.
  • Terminate employment: Employers can dismiss an employee who refuses or fails a drug test. State laws may vary.

Employment drug testing law FAQs

Why do employers do drug testing?

Employers conduct drug testing to ensure the safety of their employees, reduce absenteeism, and maintain productivity. While research on this matter varies, some studies show that individuals who fail drug tests are more likely to be involved in accidents, take time off work, increase safety for workers (especially in childcare and healthcare settings), and be less productive.

Are drug tests always accurate?

Drug tests can sometimes be inaccurate and produce false positives. Some prescription medications might show up as illicit substances, creating a false positive result. This is why employees can dispute results or request a retest and should be advised to present the MRO with evidence to support their case.

How long do drug tests take?

Urine drug testing takes a couple of minutes and the results are often received within one to three days. Hair testing is very quick, although the results can take a week or more. Saliva testing is very quick and the results are usually given within three days. Blood tests take a few minutes and the results are usually received within a few days.

How far back can drug tests detect use?

Urine tests can detect drug use from five to days prior. Hair tests can detect drug use from up to 90 days prior. Saliva tests can only detect drug use from the last 48 hours. Blood tests can detect what is currently in the individual’s blood or has been used in the previous few hours.

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Resources:

  1. Rodgers, M.J. (Updated 2023). Pre-Employment Drug Test: A Complete Guide [2024]. iprospectcheck. Retrieved from
  2. Buirse, L.E. (Updated 2023). What You Need To Know About Pre-Employment Drug Tests. Concentra. Retrieved from
  3. Clockify. (2023). Pre-Employment Drug Testing Laws By State. Retrieved from
  4. Blackham, A. (Updated 2023). What To Know About Employment Drug Testing Policies. Indeed.com. Retrieved from
  5. American Civil Liberties Union. (2002). Workplace Drug Testing. ACLU.
  6. National Research Council (US) and Institute of Medicine (US) Committee on Drug Use in the Workplace. (1994). Normand, J., Lempert, R.O., & O'Brien, C.P. (Eds). Chapter 7, Impact of Drug-Testing Programs on Productivity. In Under the Influence? Drugs and the American Work Force. Washington, DC: National Academies Press (US). Retrieved from

Activity History - Last updated: 22 July 2024, Published date:


Reviewer

Hailey Shafir

M.Ed, LCMHCS, LCAS, CCS

Hailey Shafir is a Licensed Clinical Mental Health Counselor, Licensed Clinical Addiction Specialist, and Certified Clinical Supervisor with extensive experience in counseling people with mental health and addictive disorders.

Activity History - Medically Reviewed on 11 March 2024 and last checked on 22 July 2024

Medically reviewed by
Hailey Shafir

M.Ed, LCMHCS, LCAS, CCS

Hailey Shafir

Reviewer

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