Business Management Pre-employment drug testing by state guide for 2023
Federal law is clear on workplace safety and prevention of hazards — it’s vital to establish a drug-free policy, and maintaining it must be a priority. For this reason, US employers are allowed to use preventative measures and require negative drug test results of their applicants.
In general, conducting pre-employment drug testing is not mandatory, except for any position with the US government. However, many employers choose to include the test in the hiring and selection process anyhow due to the risks that come with substance (ab)use.
As pre-employment drug testing laws vary by state, it’s beneficial for both employers and employees to know the specific requirements.
That’s why we’ve meticulously researched the topic and compiled the most recent data on pre-employment drug testing.
So, here’s everything you need to know about the US pre-employment drug-testing laws, including:
- Pre-employment drug testing laws definitions,
- Pre-employment drug testing laws by state, and
- FAQ about pre-employment drug testing laws.
Table of Contents
What are pre-employment drug testing laws?
Pre-employment drug testing laws regulate whether an employer is allowed to require drug screenings from applicants during the hiring process. Drug testing laws during pre-employment help employers filter the applicants based on the results.
Federal law does not mandate employers to carry out pre-employment drug screenings — with a few exceptions in certain industries and sectors we’ll cover later in this guide.
Certain states, on the other hand, have implemented unique pre-employment drug-testing laws. Therefore, additional regulations for the very testing procedure and methods used can be specified and applied within specific state borders.
Since both employee performance and judgment could be affected by illegal substance use, employers have many types of screenings available to include in their company policy.
For federal employment, only urine tests are used. For the rest of the employers, the choice of drug test can differ. Depending on which categories of drugs they want to test their applicants for, besides urine samples, employers can opt for:
- Saliva drug test,
- Hair drug test, and
- Blood drug test.
What are federal drug testing laws?
Federal drug testing laws consist of various requirements and policies designed to:
- Ensure and maintain a drug-free workplace, and
- Allow employers to enact a policy reflecting that and include it as a factor in the hiring process.
The most important federal act is the Drug-Free Workplace Act of 1988, which is applicable to federal contractors and grantees. This Act introduced a series of regulations and set a premise for drug regulation in the US workplace.
Apart from this Act, several other laws operate on a federal level, and those are:
- Department of Transportation drug testing regulations,
- Federal Employee Drug Testing,
- Americans with Disabilities Act,
- Occupational Safety and Health Administration, and
- Controlled Substances Act.
Now let’s go over specific pre-employment drug testing laws by state.
Pre-employment drug testing laws by state
As we’ve mentioned, the US federal law covers only specific categories of employees, and state laws and company policies can be more demanding and detailed. That’s why it remains necessary to keep up with your state laws and regulations regarding pre-employment drug testing.
Another important reason to stay well-informed is that the status of substances changes as well, further determining what’s considered an illegal substance. To provide an example, think of cannabis usage — as of May 2023, medical marijuana has been legalized in 37 states.
To clarify matters further, let’s move on to the table below, as it contains all the information you need regarding pre-employment drug testing laws in individual US states.
| State | Covered employers | Applicant testing | Positive test/Refusal grounds | Medical/Recreational marijuana legal status |
|---|---|---|---|---|
| Alabama | All employers | Allowed upon a conditional job offer, after giving notice of drug testing to the applicant | Yes | None considered legal |
| Alaska | All employers, including school districts and any educational attendance areas | Not restricted | Yes | Medical and recreational use considered legal |
| Arizona | Private employers, school districts, and any entity providing transportation to school districts | – Required for school bus drivers; – Allowed for the rest of employers only after applicants receive drug testing policy | Yes | Medical and recreational use considered legal |
| Arkansas | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| California | State agencies | – Required for public transportation drivers; – Allowed for applicants to positions of sensitivity in state agencies | Yes | Medical and recreational use considered legal |
| Colorado | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical and recreational use considered legal |
| Connecticut | Private sector employers | – Allowed after applicants receive drug testing policy; – Forbidden to former employees (unless gone for over a year); – Certain industries are exempt from the rule (mining, construction, utilities, transportation or delivery, manufacturing, educational services, healthcare or social services, justice, public order and safety activities, national security and international affairs) | Yes | Medical and recreational use considered legal |
| Delaware | – Schools (public and private) and school transportation; – Department of Corrections | Required for security positions at the Department of Corrections and school bus drivers, at any time before the employment start date | Yes | Medical use considered legal |
| District of Columbia | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical and recreational use considered legal |
| Florida | – Public employers with law enforcement and safety-sensitive positions; – Private employers with 3+ employees | Allowed after applicants receive drug testing policy | Yes | Medical use considered legal |
| Georgia | State government employers, private employers, public schools, and any entity providing transportation to school districts | Allowed for private companies, public schools, and state government applicants | – Yes; – Such applicants may also be disqualified to be employed in state agencies and public schools for 2 years | None considered legal |
| Hawaii | All employers | – Allowed after applicants receive drug testing policy and have an opportunity to disclose prescription and nonprescription drugs taken at the moment of application; – Required for civil service applicants in Honolulu | Yes | Medical use considered legal |
| Idaho | All employers | Testing allowed, at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| Illinois | All employers | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | Medical and recreational use considered legal |
| Indiana | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | None considered legal |
| Iowa | Public and private employers | – Allowed if applicants are informed that a drug test is required; – All ads must include notice of drug testing | Yes | None considered legal |
| Kansas | State government | – Allowed for applicants for safety-sensitive jobs, upon a job offer to the applicant; – All ads must include notice of drug testing | Yes | None considered legal |
| Kentucky | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | None considered legal |
| Louisiana | Public and private employers are not subject to a federally mandated testing program | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | Medical use considered legal |
| Maine | Public and private employers | Allowed after applicants receive drug testing policy | Yes | Medical and recreational use considered legal |
| Maryland | All employers | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| Massachusetts | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical and recreational use considered legal |
| Michigan | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical and recreational use considered legal |
| Minnesota | Public and private employers | Allowed after applicants receive drug testing policy and a conditional job offer (only if all applicants are tested) | Yes | Medical use considered legal |
| Mississippi | Public and private employers | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | Medical use considered legal |
| Missouri | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| Montana | Public and private employers | Allowed for applicants in certain industries and positions (intrastate transport, hazardous environment, security, safety, and fiduciary responsibility) | Yes | Medical and recreational use considered legal |
| Nebraska | Public employers and private employers with 6+ employees | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| Nevada | State agencies | Allowed for public safety jobs at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | Medical and recreational use considered legal |
| New Hampshire | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| New Jersey | All employers | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes, except for the use of cannabis products outside of work | Medical and recreational use considered legal |
| New Mexico | No state laws, federal rules apply | – Allowed to implement zero-tolerance drug testing programs, including marijuana; – If the company policy requires drug tests for applicants, they need to submit the results prior to the final selection/round of interviews | Yes | Medical and recreational use considered legal |
| New York | No state laws, federal rules apply | – In some cases, certain safety and security-sensitive jobs have different regulations and rules when it comes to pre-employment drug testing. For example, commercial motor vehicle drivers have to undergo mandatory drug testing. – As for testing for marijuana only, the state of New York banned the type of pre-employment screening | Yes | Medical and recreational use considered legal |
| North Carolina | Public and private employers | Allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| North Dakota | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| Ohio | All employers | Allowed with advance notice and upon the job offer | Yes | Medical use considered legal |
| Oklahoma | Public and private employers | – Allowed with advance notice and upon the conditional job offer; – The notice must be in writing and include methods, procedures, and policies | Yes | Medical use considered legal |
| Oregon | All employers | Allowed if reasonable suspicion exists | Yes | Medical and recreational use considered legal |
| Pennsylvania | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| Rhode Island | Public and private employers | – Allowed in private sector upon the conditional job offer; – Allowed in public sector for safety jobs, and when it is required by federal law | Yes | Medical use considered legal |
| South Carolina | All employers | Testing allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| South Dakota | State government | – Allowed for applicants to safety-sensitive positions upon the conditional job offer; – All ads must include notice of drug testing requirements | Yes | Medical and recreational use considered legal |
| Tennessee | State Department of Corrections | Allowed at any time before the employment start date (provided that all the requirements are included in the company’s written policy) | Yes | None considered legal |
| Texas | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | None considered legal |
| Utah | Local government entities, private employers, and state institutions of higher education | – Allowed in the private sector; – Applicants in local governments and state colleges must be issued notice and a written policy in advance | Yes | Medical use considered legal |
| Vermont | Public and private employers | – Allowed if applicants receive an advance notice, upon a conditional job offer; – Also, if the test is a part of pre-employment physical exam | Yes | Medical and recreational use considered legal |
| Virginia | No state laws, federal rules apply | No state laws, federal rules apply | – Yes; – Employers are forbidden from taking action or discriminating against lawful use of cannabis oil, provided there’s a valid written certification issued by the health practitioner | Medical and recreational use considered legal |
| Washington | Private employers who want to qualify for a 5% workers’ compensation and premium discount, if approved by state authorities | Allowed if applicants receive an advance notice and upon a conditional job offer | Yes | Medical and recreational use considered legal |
| West Virginia | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | Medical use considered legal |
| Wisconsin | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | None considered legal |
| Wyoming | No state laws, federal rules apply | No state laws, federal rules apply | No state laws, federal rules apply | None considered legal |
🎓 Clockify Pro Tip
Interested in other aspects of legal and regulatory compliance in your state? Select your state from the list and read the comprehensive labor laws guide:
Pre-employment drug testing laws — Frequently Asked Questions
As the table above clearly shows, pre-employment drug testing laws vary from state to state and can be quite specific — so it’s vital to check regularly for updates.
You never know what tomorrow brings, so try to follow the “Better safe than sorry” principle, and be aware of both your rights and responsibilities.
To help you stay up-to-date, we’ll provide answers to the most frequently asked questions regarding pre-employment drug testing in the next section.
1. Can you be drug tested at an interview?
Even though it’s highly unlikely that the candidates would be tested during the interview, employers can conduct drug tests on-site if specified in advance, and all the safety conditions are fulfilled.
However, they would need to provide specific conditions and invite experts from the lab, so it’s usually more common to do the tests in the actual labs.
Often, drug testing can be required on the same day the interview (and possibly the conditional job offer) takes place.
2. How long does pre-employment drug screening take?
The duration depends on several important factors, starting with the type of test being conducted. Here are the most common types of pre-employment drug tests that employers can choose from:
- Urine drug test — This is one of the most common types of drug tests for pre-employment screening. The actual process of providing a urine sample typically takes a few minutes, but the overall time for the drug screening can vary depending on the lab’s workload and the number of samples they need to process. Employers can expect to receive the results within a few days, usually within up to 3 business days.
- Saliva drug test — Saliva drug tests are less common for pre-employment screening, but they are faster to administer than urine tests. The results are also usually available within a few days.
- Hair drug test — This type of test is less common for pre-employment screening due to its higher cost and longer detection window. The process of collecting the hair sample is quick, but the analysis can take longer. Hair tests can detect drug use from several months back, and the results may take a week or more to come back.
- Blood drug test — Blood tests are relatively rare for pre-employment screening due to their invasiveness and higher cost. Blood tests provide real-time information, but the results may take a few days to process.
Apart from the average drug testing method turnaround time, some other factors that may extend the process include:
- Sample travel time to the lab (if applicable),
- Anything related to the necessary paperwork, and
- The testing facility’s capacity and workload at the moment.
So, overall, provided that employers take care of the paperwork and notify a specific testing facility in advance, the critical factor is the type of test being administered.
3. What is the pre-employment drug testing time frame?
This time frame refers to the period during which an employer requires prospective employees to undergo drug testing as part of the hiring process, and it can vary depending on the specific policy on how the test is being conducted.
Candidates must adhere to the specified time frames for drug testing, or else it may lead to the withdrawal of the job offer.
In general practice, apart from waiting for the results, the time frame for pre-employment drug testing is usually within days from an initial interview.
4. What is the most common drug test for employment?
The urine drug test is the most common for pre-employment drug testing purposes. The method’s not invasive, and the results can be known within a time frame of 24 hours.
5. How do you fight a failed DOT drug test?
When it comes to the Department of Transportation, positive drug test results can have serious consequences, such as an immediate removal from a safety-sensitive function, and even permanent disqualification.
If you believe there has been an error or have valid reasons to contest the results, you can take certain steps to fight a failed DOT drug test:
- Request a re-test — Some employers and testing programs allow you to request a re-test if you believe there was an error in the initial test. That procedure may involve analyzing the already provided sample for the second time or conducting a new drug test with a new sample.
- Review the chain of custody — Any discrepancies in the process of maintaining and documenting your samples can be grounds for challenging the test results. You’ll need to file an official complaint with the employer, and the employer has to do the same with the testing facility. The rest of the process is done internally, by the facility’s officials in charge.
- Confirm prescription medication — If you are taking prescription medications, gather evidence to prove your valid prescription. Also, make sure to inform the Medical Review Officer (MRO) of any prescription drugs you are taking at that moment.
- Speak with the Medical Review Officer (MRO) — If you believe there might be an error, you can discuss the situation with the MRO to present any evidence or information that may clarify the results.
- Challenge the testing methodology — The testing methodology or equipment used may have flaws or limitations, so you can inquire whether it could have led to a false positive result.
- Seek legal advice — If you believe the failed drug test could unfairly jeopardize your career, you may want to consider seeking legal advice from an employment attorney.
6. What is reasonable suspicion drug testing?
Reasonable suspicion drug testing, also known as “for-cause” or “probable cause” drug testing, is a type of drug testing conducted in the workplace when there is a reasonable belief or suspicion that an employee is using drugs or might be under the influence of drugs while on the job.
This suspicion is typically based on specific and observable factors, behaviors, or circumstances that lead supervisors or managers to believe that the employee’s performance or conduct may be impaired due to drug use.
Reasonable suspicion drug testing is an essential tool for employers to maintain a safe and drug-free workplace, and it is typically conducted in compliance with relevant employment laws and regulations. It serves as a measure to protect both the employee and others in the workplace from potential safety risks associated with drug use.
7. What is post-accident drug testing?
Post-accident drug testing is a mandatory type of drug test administered after an employee caused/has been involved in an on-the-job accident. Promptly reporting and examining the reasons for such incidents is vital, as the scope of negative consequences goes from property damage to injuries or even fatalities.
These types of drug tests are meant to determine whether the employee in question was under the influence at the time of the accident.
8. What is random drug testing in the workplace?
Random drug testing in the workplace refers to an internal company policy that allows employers to subject employees to drug testing at unpredictable intervals. As you can conclude, there’s no universal one-size-fits-all policy — random drug tests are mandatory only for specific federal positions, while the rest of employers may or may not include it in their company policy.
Unlike pre-employment drug testing or post-accident drug testing, which are conducted under specific circumstances, random drug testing is done without any prior notice or specific reason.
The procedure goes as follows — employees are selected randomly from a pool of eligible individuals, and they are required to undergo drug testing on the spot or within a short notice period.
9. What jobs have federal drug testing regulations?
Federal regulations apply to several job categories in the US. Those regulations are aimed at ensuring safety and security in specific industries and positions to minimize the potential damage to individuals or the public.
Here is the list of jobs that are obligatorily subject to federal pre-employment drug testing regulation:
- Department of Transportation (DOT) jobs — Employees in safety-sensitive positions within the transportation industry (e.g., truck or bus drivers, pilots, railroad workers) are subject to drug and alcohol testing regulations enforced by the DOT.
- Federal Aviation Administration (FAA) jobs — Employees in safety-sensitive roles within the aviation industry (e.g., pilots, air traffic controllers, aircraft maintenance personnel) are subject to drug and alcohol testing under FAA regulations.
- Federal Railroad Administration (FRA) jobs — Workers in safety-sensitive positions in the railroad industry, including train crews, engineers, and signalmen, are subject to drug and alcohol testing according to FRA regulations.
- Pipeline and Hazardous Materials Safety Administration (PHMSA) jobs — Employees involved in the transportation of hazardous materials via pipelines or other means may be subject to drug and alcohol testing under PHMSA regulations.
- Federal Transit Administration (FTA) jobs — Safety-sensitive employees in the public transportation industry (e.g., bus drivers, other transit workers) are subject to drug and alcohol testing according to FTA regulations.
- Nuclear Regulatory Commission (NRC) jobs — Employees in safety-sensitive positions at nuclear power plants and related facilities are subject to drug and alcohol testing under NRC regulations.
- Department of Defense (DoD) jobs — Military personnel and civilian employees in safety-sensitive roles within the Department of Defense may be subject to drug testing.
These are some of the federal agencies with established drug testing regulations, but there may be other requirements. Also, private employers can have specific drug testing policies, even if they are not subject to federal regulations.
US pre-employment drug testing laws — Conclusion and disclaimer
We hope that our thorough by-state guide helped you get familiar with all the relevant information about pre-employment drug testing laws in the United States. You can get more data on pre-employment drug testing laws for each state by following the official links we either:
- Provided as sources and linked in the article, or
- Used as sources in the State Labor Laws guides linked earlier in this guide.
However, bear in mind — this pre-employment drug testing laws guide was written in Q3 of 2023. Thus, it may not include changes introduced after it was published.
We strongly advise you to consult the appropriate institutions and/or certified representatives before acting on any legal matters.
Clockify is not responsible for any losses or risks incurred should this guide be used without legal guidance.
Sources for the table:
- Alabama, Article 13 to the Act relating to the Drug-Free Workplace Program
- Alaska, An Act relating to the employer drug and alcohol testing programs
- Arizona Legislature 21-493
- Arkansas Statute, A Voluntary Program for Drug-Free Workplaces
- California Pre-Employment Drug Screening Guidelines
- Colorado Drug-Free Workplace and Workforce Policy
- Connecticut, Drug Testing in the Workplace and in Public Schools
- Delaware Code Relating to Drug Testing, Chapter 270
- Florida Legislature 440.101
- Georgia Substance Abuse Laws, Regulations and Rules
- Hawaii Department of Health, Alcohol and Drug Abuse Division
- Idaho Legislature, Chapter 17, Idaho Employer Alcohol and Drug-Free Workplace Act
- Illinois Legislation Chapter 28, Part 2855
- Indiana SPD Policies and Procedures, Drug and Alcohol Testing
- Iowa Department of Health and Human Services, Private Sector Drug-Free Workplace Testing
- Kansas Statute 75-4362
- Kentucky Legislature, Title 803, Chapter 025, Regulation 280
- Louisiana Division of Administration, Revised Statute 49:1001
- Maine Legislature, Title 26, Chapter 7, Employment Practices 3-A: Substance Abuse Testing
- Maryland Statute 17-214
- Massachusetts Legislature, Section 20, Chapter 18
- Michigan Regulation 2.07, Drug and Alcohol Testing
- Minnesota Statutes 181.951, Authorized Drug and Alcohol Testing
- Mississippi Drug and Alcohol Testing Regulations
- Missouri Department of Mental Health, Alcohol and Other Drug-Free Workplace
- Montana Code, Title 39, Chapter 2: Qualified Testing Program
- Nebraska Legislature, Revised Statute 48-1901
- Nevada Revised Statute 284.406, Use of Alcohol or Drugs by Employees
- New Hampshire Department of Health and Human Services
- New Jersey, Attorney General’s Law Enforcement Drug Testing Policy
- New Mexico DPS: Drug and Alcohol Testing Policy
- New York, Adult Use Cannabis and The Workplace
- North Carolina Statute Title 13, Chapter 20 – Controlled Substances Examination Regulation
- North Dakota Employment Policies: Drug and Alcohol Free Workplace
- Ohio Administrative Code 3364-25-17, Pre-employment drug testing
- Oklahoma Drug and Alcohol Free Workplace/Drug and Alcohol Testing
- Oregon Employment Department, Chapter 471, Division 30
- Pennsylvania Drug and Alcohol Testing
- Rhode Island Labor and Labor Relations, Chapter 6.5
- South Carolina Drug Testing for State Employees
- South Dakota Legislature, Article 55:05, Drug-Screening Program
- Tennessee Department of Labor and Workforce Development, Drug-Free Workplace Program
- Texas Drug Testing Laws
- Utah Drug and Alcohol Testing Policy and Procedures
- Vermont Statutes Title 21, Chapter 005: 512 Drug Testing
- Virginia Department of Human Resource Management, Policy 1.05 Alcohol and Drug-Testing
- Washington State Legislature 357-37-200
- West Virginia Legislature, Article 1D, Alcohol and Drug-Free Workplace Act
- Wisconsin Pre-Employment Drug Testing Program
- Wyoming Legislature HB0120 – Employee drug testing-vulnerable adults
