Employee Drug Testing by State

Developing an effective drug testing policy can be difficult with more states legalizing recreational and medicinal marijuana use. Currently, a total of 36 states and the District of Columbia allow medicinal marijuana, and 16 of those states allow full recreational usage. Without an overarching federal regulation regarding drug testing policies, companies are left to establish an effective policy that limits its risk. 

At ARCpoint Labs, we’re committed to helping businesses develop safe and effective drug testing policies. From the initial policy development to specimen collection, our industry experts can help limit your company’s risk and stay compliant with changing regulations. Learn more about how ARCpoint Labs can help your company and find your nearest location to get started. 

We’ve gathered a drug testing breakdown by each state to help your company get a head start on developing an effective policy. For more information on your state’s requirements, contact your local ARCpoint Labs. 

Alabama: Marijuana use is illegal.

  • Pre-employment testing is authorized after an applicant is given notice of drug-testing policy and an offer of employment. 
  • Random testing, reasonable suspicion, on-job injuries, as part of fitness-for-duty exams, and follow-up testing is allowed.
  • Employees must receive 60 days’ advanced notice of testing policy. 

Alaska: Marijuana use is legal.

  • Pre-employment testing is not restricted. Positive results or refusals may be grounds for not hiring.
  • Random testing and job-related purpose testing is allowed. 
  • Employees must receive 30 days’ notice and a written policy statement must be given.

Arizona: Marijuana use is legal.

  • Pre-employment testing is authorized if the applicant is informed in writing beforehand. Refusal to test may be used as a basis for not hiring. 
  • Random testing and job-related purpose testing is allowed. 
  • Employees must receive a written drug testing policy. 
  • Positive results or refusals can result in discipline or discharge. 

California: Marijuana use is legal.

  • Pre-employment testing is authorized. Prior notice of test may be required. 
  • Employee testing may only be required based on reasonable suspicion. 
  • Random testing may be limited to safety-sensitive positions.

Connecticut: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant is informed in writing beforehand.
  • Previous employees may not be tested unless they’ve been away from the job for at least 12 months.
  • Testing is authorized on reasonable suspicion, random testing may be limited to safety-sensitive positions.
  • Positive results or refusals can result in discipline or discharge.

Delaware: Medicinal marijuana use is legal. Recreational use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Florida: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant is informed in writing beforehand. Refusal to test may be used as a basis for not hiring. 
  • Testing for reasonable suspicion, on-job injuries, as part of fitness-for-duty exams, and follow-up testing is allowed.
  • Employees must receive 60 days’ advanced notice of testing policy. 

Georgia: Marijuana use is illegal.

  • Pre-employment testing is authorized.
  • Random testing, reasonable suspicion, on-job injuries, as part of fitness-for-duty exams, and follow-up testing is allowed.
  • Drug testing policies must be posted and distributed to employees.

Hawaii: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized with advanced written notice.
  • Testing of employees is authorized with advanced written notice of substances to be tested for, and disclosure of current prescriptions/medication.

Idaho: Marijuana use is illegal.

  • Pre-employment testing is authorized.
  • Testing of employees is authorized with advanced written notice. 

Illinois: Marijuana use is legal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Indiana: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Iowa: Marijuana use is illegal.

  • Pre-employment testing is authorized with advanced oral or written notice.
  • Random testing must adhere to local law of using random computer-generated number to identify employees to test. 
  • Probable cause or annual physical testing is authorized with 30 days’ notice.

Kansas: Marijuana use is illegal.

  • Pre-employment testing is authorized for safety-sensitive positions.
  • Employee testing based on reasonable suspicion. 
  • First-time offenders are able to undergo drug evaluation and recommended treatment for state positions. 

Kentucky: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Louisiana: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized and not restricted.
  • Employee testing is authorized, and first-time offenders may not be discharged.

Maine: Marijuana use is legal.

  • Pre-employment testing is authorized if the applicant has been offered employment. Refusal or positive may be used as basis for not hiring.
  • Employee testing is authorized based on reasonable suspicion that is not based solely on a workplace accident. 
  • Random testing is authorized after a previous positive test. 
  • Positive tests may result in discipline, discharge, or referral for counseling and treatment. 

Maryland: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized and not restricted.
  • Employee testing is authorized if supported by a legitimate business reason. 

Massachusetts: Marijuana use is legal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Michigan: Marijuana use is legal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Minnesota: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant has been offered employment.
  • Random testing is authorized for safety-sensitive positions
  • Testing after an accident, as part of an employee assistance program, reasonable suspicion, and part of an annual physical exam is authorized. 
  • Employees must have two weeks’ notice before testing can occur. 

Mississippi: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is not subject to restriction. 
  • Employee testing is authorized on reasonable suspicion, in connection with rehabilitation or treatment, as part of an annual physical exam. 
  • Random testing is subject to collective bargaining agreements. 
  • Positive results or refusals can result in discipline or discharge.

Missouri: Medicinal marijuana use is legal. Recreational use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program. 

Montana: Marijuana use is legal.

  • Pre-employment testing is authorized for safety-sensitive positions.
  • Employee testing is authorized including random testing, reasonable suspicion, as part of an annual physical exam, and/or after a work-related accident causing injury or damage of $1,500 or more.

Nebraska: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Nevada: Marijuana use is legal.

  • Pre-employment testing is authorized for safety-sensitive positions.
  • Employee testing is authorized for safety-sensitive positions. 
  • Positive results may result in referral for counseling, discipline, or discharge.

New Hampshire: Medicinal marijuana use is legal. Recreational use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

New Jersey: Marijuana use is legal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

New Mexico: Medicinal marijuana use is legal. Recreational use will be legal by April 1, 2022.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

New York: Marijuana use is legal.

  • Pre-employment testing is authorized for safety-sensitive positions. 
  • Positive results must not be used to reject an applicant. 
  • The recent Cannabis/Marijuana Regulation and Taxation Act protects an employees usage of marijuana when off-duty. Testing is still at the liberty of the employers to determine. 

North Carolina: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

North Dakota: Medicinal marijuana use is legal. Recreational use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Ohio: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant has been notified beforehand and offered employment.
  • Employee testing is authorized based on reasonable suspicion, after a workplace incident, or as part of a treatment program. 

Oklahoma: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant has been notified beforehand and offered employment. Notice to be in writing, describing methods, procedures, and policies in detail.
  • Employee testing is authorized with 30 days’ notice and a written policy statement must be given.

Oregon: Marijuana use is legal.

  • Pre-employment testing is authorized if reasonable suspicion of drug use exists. 
  • Employee testing is authorized based on reasonable suspicion. 

Pennsylvania: Medicinal marijuana use is legal. Recreational use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Rhode Island: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is authorized if the applicant has been offered employment.
  • Employee testing is authorized based on reasonable suspicion and in conjunction with a rehabilitation program. 
  • Random testing is prohibited.

South Carolina: Marijuana use is illegal. 

  • Pre-employment testing is authorized and not restricted.
  • Employee testing is authorized with follow-up tests within 30 minutes of initial test. 

South Dakota: Marijuana use will be legal as of July 1, 2021.

  • Pre-employment testing is authorized for safety-sensitive positions after the applicant has been offered employment. 
  • Employee testing is authorized based on reasonable suspicion. 

Tennessee: Marijuana use is illegal.

  • Pre-employment testing is authorized and not restricted. 
  • Employee testing is authorized based on reasonable suspicion, but counseling and rehabilitation must be offered to applicable positions. 

Texas: Marijuana use is illegal. 

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Utah: Medicinal marijuana use is legal. Recreational use is illegal.

  • Pre-employment testing is not restricted for private sector positions. Refusal or positive may be used as basis for not hiring.
  • Employee testing is authorized when the employer’s written policy is distributed to all employees, in cases of potential impairment, workplace accidents, theft, or production/safety maintenance.
  • Positive tests or refusals are subject to rehabilitation or disciplinary action. 

Vermont: Marijuana use is legal.

  • Pre-employment testing is authorized if the applicant has been notified beforehand and offered employment, or part of a pre-employment physical.
  • Employee testing is authorized based on reasonable suspicion, and as part of an employee assistance program.
  • Random testing is prohibited. 
  • Positive tests may result in a suspension for rehabilitation but may not result in a discharge after first positive test. 

Virginia: Medicinal marijuana use is legal. Recreational marijuana use will be legal on July 1, 2021.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Washington: Marijuana use is legal.

  • Pre-employment testing is authorized if the applicant has a written notification beforehand and offered employment. 
  • Employee testing is authorized based on reasonable suspicion, random testing, workplace accidents, or as part of an employee assistance program.
  • Employees must receive 60 days’ advanced notice of testing policy. 

West Virginia: Medicinal marijuana use is legal. Recreational marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Wisconsin: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.

Wyoming: Marijuana use is illegal.

  • No current state statutes, regulations, or court decisions that limit an employer’s drug or alcohol testing program.
  • As state regulations vary, trust the experts when developing your drug testing policy. Learn more how ARCpoint can help your company limit its liability and provide a safe, drug-free environment for all employees. 

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