Alabama Drug and Alcohol Testing

Alabama currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Alabama Drug-Free Workplace Program

Employers that implement a drug-free workplace program meeting certain requirements may receive a discount in their workers' compensation premiums.

Drug and Alcohol Testing in Alaska (AK)

Alaska regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

Employers may require drug and alcohol testing of applicants and employees for business-related reasons.

Requirements for Employers

Positive drug test results must be confirmed using a different analytical method before an employer may take adverse employment action.
Employers must give employees at least 30 days' written notice of the workplace drug and alcohol testing policy.
Employers are also required to inform applicants that they must undergo drug testing.  
Employers must keep information related to drug or alcohol testing confidential.

 

Drug and Alcohol Testing in Arizona (AZ)

Arizona regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

Employers may conduct drug and alcohol testing of employees (including random drug testing), as well as drug testing of applicants, for any business-related reason including:

• Maintaining workplace productivity and safety;
• Reasonable suspicion of employee drug or alcohol use; and
• Investigating accidents in the workplace.

 
Prospective livery vehicle, taxi, and limousine drivers must complete a drug test before leasing a vehicle or driving for a private company. Drivers are also required to submit to annual random drug testing. Owners of livery vehicles, taxis, or limousines must keep records of pre-employment and annual random drug tests and make these records available for inspection by the Department of Weights and Measures. 

Requirements for Employers

• Drug and alcohol testing must be conducted under the terms of a written policy distributed and applied uniformly to all employees. 
• Employers are also required to inform applicants that they must undergo drug testing.
• Positive drug test results must be confirmed before an employer may take adverse employment action.
• Employers are generally required to keep information related to employee drug or alcohol tests confidential.

Legalized Marijuana

Arizona's legalized marijuana laws prohibit employers from discriminating against a person in hiring, termination or imposing any term or condition of employment or otherwise penalizing a person based upon either of the following, unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations: 

• The person's status as a registered qualifying patient of medical marijuana; or
• A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment. 

The Medical Marijuana Act also provides protection for employers who take certain actions against employees suspected of drug use, if the employer has established a drug testing policy and has initiated a testing program in accordance with state law. Under the law, employers may implement measures to assess, supervise or control the job performance of an employee; reassign an employee to a different position; or suspend or terminate an employee if:

• The action is based on the employer's good faith belief that the employee used or possessed any drug while on the employer's premises or during working hours;
• The action is based on the employer's good faith belief that the employee was impaired while working on the employer's premises or during working hours; or
• The action excludes an employee from performing a "safety-sensitive" position based on the employer's good faith belief that the employee is engaged in the ongoing use of any drug, if the drug could decrease the employee's ability to perform the job duties.
• A "safety-sensitive" position includes any job the employer in good faith believes could affect the safety or health of the employee or others, such as operating a motor vehicle or machinery; performing duties on the premises of a customer or supplier; or handling food or medicine. 

Drug and Alcohol Testing in Arkansas (AR)

Arkansas currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Arkansas Medical Marijuana

Under Arkansas law, the medical use of marijuana is permitted for qualifying patients through licensed medical marijuana dispensaries and cultivation facilities.

The law specifically provides that an employer may not discriminate against an individual in hiring, termination, or any term or condition of employment, or otherwise penalize an individual, based upon the individual's past or present status as a qualifying patient or designated caregiver.  

However, the new law does not require that an employer accommodate either the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana. 

Furthermore, the new law does not require that an individual or establishment in lawful possession of property admit a guest, client, customer, or other visitor who is inebriated as a result of medical use of marijuana.

Arkansas Medical Marijuana Amendment

Employers with 9 or more employees in Arkansas in 20 or more calendar weeks in the current or preceding calendar year are not prohibited from (and no cause of action may be established against an employer based on) the following actions:

• Establishing and implementing a substance abuse or drug-free workplace policy that may include a drug testing program that complies with state or federal law and taking action with respect to an applicant or employee under the policy;
• Acting on the employer's good faith belief that a qualifying medical marijuana patient possessed, smoked, ingested, or otherwise engaged in the use of marijuana while on the premises of the employer or during the hours of employment; or was under the influence of marijuana while on the premises of the employer or during the hours of employment (provided that a positive test result for marijuana cannot provide the sole basis for the employer's good faith belief); or
• Acting to exclude a qualifying medical marijuana patient from being employed in or performing a safety sensitive position based on the employer's good faith belief that the qualifying patient was engaged in the current use of marijuana.

The authorized or protected actions of an employer under the amended law include without limitation:

• Implementing, monitoring, or taking measures to assess, supervise, or control the job performance of an employee;
• Reassigning an employee to a different position or job duties;
• Placing an employee on paid or unpaid leave;
• Suspending or terminating an employee;
• Requiring an employee to successfully complete a substance abuse program before returning to work;
• Refusing to hire an applicant; or
• Any combination of the actions listed above.

Arkansas Voluntary Drug-Free Workplace Program

• Employers that implement a voluntary drug-free workplace program meeting certain requirements may receive a discount in their workers' compensation premiums.

California Drug and Alcohol Testing

California has enacted laws that legalized the use of marijuana for medical purposes in 1996 and for recreational purposes in 2017. Until Jan. 1, 2024, neither of these laws affect an employer’s rights to establish or enforce workplace policies pertaining to marijuana.

This means that, under state law, not only can employers perform testing without any specified limitations, but they may also take adverse employment actions against an individual solely on the basis of a positive test for marijuana. This is the case even if the state has authorized that individual to use marijuana for medical purposes. The California Supreme Court confirmed this in its 2008 decision.

Starting on Jan. 1, 2024, however, an amendment to the California Fair Employment and Housing Act (FEHA) provides employment protection for job applicants and employees who use marijuana outside of work. Under AB 2188, employers with 5 or more employees may not discriminate against or in any way penalize an employee or applicant based on the individual’s:

• Use of marijuana off the job and away from the workplace; or
• Positive tests for marijuana that do not measure impairment. 

These prohibitions added by AB 2188 do not apply to:

• Employees in the building and construction trades; 
• Individuals applying for or working in positions that are subject to federal background investigation, clearance requirements, or state or federal laws that require drug testing as a condition of employment or for federal funding, licensing-related benefits or contracts; or
• Individuals who possess, use or are impaired by marijuana at work.

AB 2188 allows individuals to recover damages and penalties from employers that engage in unlawful discrimination.

For other substances, California has numerous drug and alcohol testing laws that apply to specific employers, such as private contractors working on public improvement projects and employers in the transportation industry.

For California employers that are not subject to these particular laws or regulations, there is no state statute or regulation that requires or prohibits workplace drug or alcohol testing. Instead, case law establishes the parameters of workplace testing for most private employers in the state. As a result, the legality of workplace drug testing is usually determined on a case-by-case basis.

Drug and Alcohol Testing in Colorado (CO)

Colorado currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

The Colorado Supreme Court has ruled that employees who engage in an activity (such as medical marijuana use) that is permitted by state law—but unlawful under federal law—are not protected by Colorado's "lawful activities statute," which generally makes it an unfair and discriminatory labor practice to discharge an employee based on his or her "lawful" outside-of-work activities. The court held that an activity such as medical marijuana use—that is unlawful under federal law—is not a "lawful" activity under the statute.

Drug and Alcohol Testing in Delaware (DE)

Delaware currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Legalized Marijuana

Delaware's legalized marijuana laws prohibit employers from discriminating against individuals based upon either of the following, unless a failure to do so would cause an employer to lose a monetary or licensing-related benefit under federal law or regulations:

• The person's status as an authorized medical marijuana user; or
• An authorized medical marijuana user's positive drug test for marijuana components or metabolites, unless the patient used, possessed, or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

Delaware's recreational marijuana law may allow for claims against employers that take adverse actions based solely on a positive test for marijuana.

Drug and Alcohol Testing in the District of Columbia (DC)

An employer may only test a prospective employee for marijuana use after a conditional offer of employment has been extended (unless otherwise required by law).

The law does not:

• Affect employee compliance with employer workplace drug policies;
• Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or at any time during employment;
• Interfere with federal employment contracts; or
• Prevent the employer from denying a position based on a positive test for marijuana.

State Ballot Initiative Regarding Recreational Marijuana Addresses Employment

Voters in the District of Columbia have approved a measure to make it lawful under D.C. law for a person 21 or older to possess a certain amount of marijuana for personal use. However, the proposed law does not:

• Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace;
• Affect the ability of any such employer to establish and enforce policies restricting the use of marijuana by employees; or
• Prohibit any employer or other entity who or which occupies, owns or controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation or growing of marijuana on or in that property.

The proposed law is expected to take effect after a 30-day period of congressional review. Until the law becomes effective, employers with questions about marijuana and the workplace should seek the advice of a knowledgeable employment law attorney. 

District of Columbia Medical Marijuana Law
Qualifying patients have the right to obtain and use marijuana for medical purposes when their primary physician has provided a written recommendation that bears his or her signature and license number asserting the use of marijuana to be medically necessary for the patient for the treatment of a qualifying medical condition or to mitigate the side effects of a qualifying medical treatment.

Participation in the District’s medical marijuana program by a qualifying patient or caregiver does not relieve the qualifying patient or caregiver from, among other things, criminal prosecution or civil penalties for activities not authorized by the law, including but not limited to, possession, distribution or transfer of marijuana or use of marijuana at the qualifying patient's or caregiver's place of employment.

Additionally, the law does not require a health insurance provider or health care service plan to be liable for any claim for reimbursement for the use of medical marijuana.

Drug and Alcohol Testing in Florida (FL)

Florida employers are permitted to randomly test employees and applicants for alcohol and certain drugs. Notably, an employer is not required to accommodate medical marijuana use in any workplace or any employee working while under the influence of marijuana, and is not prohibited from establishing, continuing, or enforcing a drug-free workplace policy. However, employers wishing to adopt or enforce a drug-free workplace policy to save on their workers' compensation premiums must satisfy numerous requirements.

Drug and Alcohol Testing in Georgia (GA)

Georgia currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Georgia Drug-Free Workplace Program

• Employers that implement a drug-free workplace program meeting certain requirements may receive a discount in their workers’ compensation premiums.
• Note that employers are required to provide a drug-free workplace certification in order to enter into contracts with the state, and that failure to comply may result in the suspension or termination of contracts.  

Georgia Medical Marijuana Law

State law provides for the regulated medicinal use of cannabis and cannabis derivatives to treat certain medical conditions. However, the law does not:

• Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in any form; or
• Affect an employer's ability to have a written zero tolerance policy prohibiting the on-duty (and off-duty) use of marijuana, or prohibiting any employee from having a detectable amount of marijuana in such employee's system while at work.

Drug and Alcohol Testing in Hawaii (HI)

Hawaii regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may test for alcohol, marijuana, cocaine, amphetamines, opiates, phencyclidine (PCP), barbiturates, methadone, and other drugs specified by the Hawaii Department of Health.
• Employers may conduct substance abuse tests on site if they are trained in the use of the on-site screening test by the manufacturer and follow the manufacturer’s instructions.

 Requirements for Employers

• Prior to the collection of any sample for substance abuse testing, the individual to be tested must receive a written statement with information regarding:
  • The specific substances to be tested for; and
  • A statement that over-the-counter medications or prescribed drugs may result in a positive test result.
   
• Positive test results must be confirmed before any adverse action is taken by the employer.
• If an on-site test indicates the presence of drugs, alcohol, or the metabolites of drugs, the employer must have the employee or applicant report to a licensed laboratory within 4 hours of the on-site test to take a second substance abuse test. 
  • Employers may take adverse action against employees or applicants who fail to report for the laboratory referral, so long as the employer has provided notice stating that:
    • At the time of the on-site test, the employer followed the procedures required by state law;
    • The employee or applicant was informed that they may refuse to submit to the substance abuse test; and
    • If the employee or applicant refuses to submit to the substance abuse test, the employer may take adverse employment action. 
     
   
• Generally, all information related to drug or alcohol tests must be kept confidential.

Hawaii Safety and Health Program

• Employers who implement a safety and health program meeting certain requirements may receive a discount in their workers’ compensation premiums.

Drug and Alcohol Testing in Idaho (ID)

Idaho regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may generally test employees and prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, including the following types of tests:
• Baseline;
• Pre-employment;
• Post-accident;
• Random;
• Return to duty;
• Follow-up; and
• Reasonable suspicion.

Requirements for Employers

• Employers are required to have a written policy identifying the types of drug and alcohol tests which the employer may administer and stating that drug-related misconduct may result in termination. 
  • Employees or applicants subject to testing must receive the policy before testing. 
   
• Testing must comply with scientifically accepted methods and procedures.
• Employers are required to confirm positive test results before taking any adverse employment action. 
  • Employees must have an opportunity to explain the positive test result with a medical review officer or other qualified person.
   
• Employers must pay all costs for testing except retesting conducted at the employee's request.
• Employers must generally keep any information related to drug or alcohol tests confidential.

Drug and Alcohol Testing in Indiana (IN)

Drug and Alcohol Testing in Iowa (IA)

Iowa regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• The following types of drug and alcohol testing are permitted: 
• Unannounced testing of workers randomly selected from pools of employees, consisting of:
  • The entire employee population at a particular work site,
  • The entire full-time active employee population at a particular work site, or
  • All employees at a particular work site who are in a pool of employees in a safety-sensitive position.
   
• Testing of employees during, and after completion of drug or alcohol rehabilitation.
• Testing of employees for reasonable suspicion, which may include:
  • Direct observation of substance abuse or related impairment while at work,
  • Abnormal conduct or significant deterioration in performance while at work,
  • A credible report of alcohol or drug use,
  • Evidence of tampering with a drug test,
  • Evidence that an employee has caused an accident while at work causing sufficient injury or damage to require a report to OSHA, or
  • Evidence that an employee has made, sold, possessed or used drugs while at work.
   
• Testing of prospective employees, post offer but prior to the start of their employment.
• Testing of employees, as required by federal law or regulation or by law enforcement.
• Testing of employees in the investigation of certain workplace accidents.

• A cause of action may not arise against an employer who has established a policy and initiated a testing program in accordance with the testing and policy safeguards provided under state law (§ 730.5), for any of the following:
  • Testing or taking action based on the results of a positive drug or alcohol test result, indicating the presence of drugs or alcohol, in good faith, on the refusal of an employee or prospective employee to submit to a drug or alcohol test.
  • Failure to test for drugs or alcohol, or failure to test for a specific drug or controlled substance.
  • Failure to test for, or if tested for, failure to detect, any specific drug or other controlled substance.
  • Termination or suspension of any substance abuse prevention or testing program or policy.
  • Any action taken related to a false negative drug or alcohol test result.
  • Testing or taking action against an individual with a confirmed positive test result due to the individual's use of medical cannabidiol as authorized under the state Medical Cannabidiol Act.
   

Requirements for Employers

• Prior to testing, the employer must establish a detailed written drug testing policy that is provided to every person subject to testing and made available for review by employees and prospective employees.
• Also prior to testing, the employer must establish an employee awareness program to include an Employee Assistance Program or a resource file where workers can access help for substance abuse programs.
• The employer must require supervisors involved with testing to attend a minimum of 2 hours of initial training and at least 1 hour of training every year thereafter.
• Positive test results must be confirmed using a different analytical method from the first drug or alcohol test.
• An employer may be required to pay for the rehabilitation of an employee who tests positive for alcohol if:
  • The alcohol concentration exceeds the level established by the employer,
  • The employer has at least 50 employees,
  • The employee has worked for the employer for at least 12 of the past 18 months,
  • The employee is a first-time violator of the employer’s substance abuse policy, and
  • The employee agrees to receive rehabilitation.
   
• Generally, communications received by an employer related to employee or prospective employee drug or alcohol test results must be kept confidential.

Amended Private Sector Drug-Free Workplaces Law

Amendments to the Iowa private sector drug-free workplaces law, currently in effect, include (among other things):

• Modifying the definition of "confirmed positive test result" to include the results of a hair test.
  • Note: Employers may conduct hair testing of prospective employees only.
   
• Generally requiring that if the sample collected for testing purposes is hair which would entail removal of an article of clothing, procedures must be established to provide for individual privacy in the collection of the hair sample.
• Generally requiring that collection of a sample for testing of current employees must be performed so that the sample is split into two components at the time of collection in the presence of the individual from whom the sample is collected.
• Generally requiring that the above-mentioned second portion of the sample must be of sufficient quantity to permit a second, independent confirmatory test as provided by Iowa law.

Drug and Alcohol Testing in Kansas (KS)

Kansas currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Drug and Alcohol Testing in Kentucky (KY)

Kentucky currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Kentucky Drug-Free Workplace Program

• Employers that implement a drug-free workplace program meeting certain requirements may receive a discount in their workers’ compensation premiums.

Drug and Alcohol Testing in Maine (ME)

Maine employers may generally conduct drug and alcohol testing of employees and applicants, subject to the following rules:

1. Before establishing a testing program, an employer must develop a written policy that is approved by the Maine Department of Labor. The approved policy must also be provided to employees at least 30 days before it becomes effective.
2. Before establishing a testing program, an employer with more than 20 full-time employees is required to have a functioning employee assistance program that has been certified by the state’s Office of Substance Abuse.
3. Employers are generally prohibited from testing an applicant until he or she has received a conditional offer of employment or been placed on a list of eligible candidates.
4. Employers may not refuseto employ or otherwise penalize a person solely for that person's status as a qualifying medical marijuana patient unless failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding. However, Maine law does not require an employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana.
5. Employers must offer employees who have a confirmed positive test result up to 6 months in a treatment program before taking any adverse employment action.
6. Employers generally must keep any information related to drug or alcohol testing confidential.

Drug and Alcohol Testing in Maryland (MD)

Maryland regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may test for alcohol and controlled dangerous substances, including:
• Heroin,
• Cocaine,
• Morphine,
• Codeine,
• Marijuana,
• Hallucinogens, including phencyclidine (PCP) and lysergic acid diethylamide (LSD),
• Amphetamines, and
• Barbiturates.

Requirements for Employers

• An employer who requires any employee, contractor, or other person to be tested for job-related reasons for the use or abuse of any controlled dangerous substance or alcohol and who receives notice from the laboratory that such person has tested positive must, after confirmation of the test result, provide the individual (either in person or by certified mail within 30 days from the date the test was performed) with:
  • A copy of the laboratory test indicating the test results;
  • A copy of the employer’s written policy on the use or abuse of controlled dangerous substances or alcohol by employees, contractors, or other persons;
  • If applicable, written notice of the employer’s intent to take disciplinary action, terminate employment, or change the conditions of continued employment; and
  • A statement or copy of the provisions of the law permitting an employee to request independent testing of the same sample for verification of the test result.
   
• Employers generally must keep all information related to drug and alcohol tests confidential.

Workers' Comp Insurers May Offer a Premium Discount

Maryland law allows workers' compensation insurers to file a rating plan that provides for a premium discount for appropriate classifications (or sub-classifications) of a risk of up to 4% to an insured employer that has an alcohol- and drug-free workplace policy that may include one or more of the following programs:

• An alcohol and drug testing program;
• An employee education program on alcohol and drug abuse;
• A supervisor education program on alcohol and drug abuse;
• An employee assistance program that includes referrals of employees for appropriate diagnosis, treatment, and assistance;
• A program requiring an employee who has caused or contributed to an accident while at work to undergo alcohol or drug testing; and
• Any other program that the insurer deems effective to encourage an alcohol- and drug-free workplace.

An insurer is not required to provide a premium discount under the new state law if the insured is required under federal or state law to test its employees for drugs or otherwise provide an alcohol- and a drug-free workplace.

Drug and Alcohol Testing in Massachusetts (MA)

Massachusetts currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Legalized Marijuana

Massachusetts' marijuana laws allow certain individuals to use marijuana for medical or recreational purposes.

These laws do not:

• Require employers to permit or accommodate conduct otherwise allowed by the law in the workplace;
• Affect an employer's authority to enact and enforce workplace policies restricting the consumption of marijuana by employees;
• Require any health insurance provider (or any government agency or authority) to reimburse any person for the expenses of the medical use of marijuana; or
• Require employers to accommodate any on-site medical use of marijuana in any place of employment, or of smoking medical marijuana in any public place.

However, the Massachusetts Supreme Judicial Court has held that a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of lawful medical use of marijuana may seek a remedy against the employer through claims of handicap discrimination in violation of state nondiscrimination law.

Drug and Alcohol Testing in Michigan (MI)

Michigan currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Employers are permitted to establish employment policies, programs, procedures, or work rules regarding the use of alcoholic liquor or the illegal use of drugs.

However, employers must have a written workplace drug policy in place before taking adverse action against an individual based solely on a positive test for marijuana.

Drug and Alcohol Testing in Mississippi (MS)

Mississippi regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may generally conduct drug and alcohol tests.

Requirements for Employers

• Drug and alcohol testing must comply with a written policy that is provided to employees who may be required to undergo testing at least 30 days prior to implementation of the program.
• Employers who conduct drug and alcohol testing of job applicants are required to provide notice, in writing upon application for employment and prior to the collection of the specimen for the test, that the applicant may be tested for the presence of drugs or their metabolites.
• Positive test results must be confirmed.
• Employers generally must keep any information related to drug or alcohol tests confidential.

Medical Marijuana

Mississippi's medical marijuana law allows certain individuals to use marijuana for medical purposes. This law specifies that:

• Employers may take adverse actions against an employee for marijuana use in the workplace or being under the influence of marijuana while working; and
• It does not create a cause of action against employers.

Drug and Alcohol Testing in Missouri (MO)

Missouri currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Legalized Marijuana

Under Missouri's legalized marijuana laws:

• Adverse actions against authorized medical marijuana users based on off-duty use of medical marijuana are prohibited;
• Employers that take adverse actions based solely on a positive test for marijuana may be subject to lawsuits under the state's recreational marijuana law.

Drug and Alcohol Testing in Nebraska (NE)

Nebraska regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may generally conduct drug and alcohol testing of employees and applicants.

Requirements for Employers

• Employers with 6 or more employees must comply with Nebraska’s drug and alcohol testing law.  
  • Employers that fail to comply with the law may not take any adverse employment action based on positive test results.
• Positive test results must be confirmed.
• Employers generally must keep any information related to drug and alcohol testing confidential.

Drug and Alcohol Testing in New Hampshire (NH)

New Hampshire currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Medical Use of Marijuana

Under New Hampshire state law, a qualifying patient is not subject to arrest (by state or local law enforcement), prosecution or penalty (under state or municipal law), and may not be denied any right or privilege, for the therapeutic use of cannabis in accordance with the law.

The law does not require employers to accommodate the therapeutic use of cannabis on the property or premises of any place of employment, and does not limit an employer's ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.

New Jersey Drug and Alcohol Testing 

New Jersey currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Recreational Marijuana 

New Jersey’s New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREMMA) allows individuals age 21 and older to possess and use up to 6 pounds of marijuana in the state.

The CREMMA prohibits employers from taking any adverse action against an individual who is 21 or older based solely on the fact that the individual:

 

• Tests positive for marijuana; or
• Does or does not smoke, vape, aerosolize or otherwise use marijuana items outside of work.

 

However, an employer may require an employee to undergo a drug test if the employer:

 

• Has reasonable suspicion that the employee is using marijuana while working; or
• Finds observable signs that the employee is intoxicated by marijuana while working. 

 

Employers may also conduct:

• Drug tests following a work-related accident that is subject to employer investigation;
• Random drug tests;
• Pre-employment drug tests; and
• Regular employee drug tests to determine marijuana use during prescribed work hours.

An employer drug test must include not only scientifically reliable objective testing methods and procedures (such as testing of blood, urine or saliva) but also a physical evaluation to determine impairment, or lack thereof, related to marijuana use. This physical evaluation must be conducted by an individual who is certified under future regulations.

 

Medical Marijuana Law

The Jake Honig Compassionate Use Medical Cannabis Act permits the use of medical marijuana for qualifying medical conditions. However, the Act does not require employers to accommodate medical marijuana possession or use in the workplace or to reimburse employees for its use. 

This law does not require employers to accommodate medical marijuana possession or use in the workplace or to reimburse employees for its use, but it does prohibit employers from taking adverse employment actions against individuals based solely on the fact that they are registered with the New Jersey Cannabis Regulatory Commission. “Adverse employment action” means:

• Refusing to hire or employ an individual;
• Barring or discharging an individual from employment;
• Requiring an individual to retire from employment; or 
• Discriminating against an individual in compensation or in any terms, conditions, or privileges of employment.

The medical marijuana law also requires employers with drug-testing policies to notify employees and job applicants that they have the right to provide a legitimate medical explanation for a positive test result for cannabis. This notice must be provided in writing. Employees and job applicants have 3 working days after receiving a written notice to:

• Request a re-test at their own expense; or
• Provide a legitimate medical explanation. 

Exceptions

The medical marijuana law allows employers to take adverse employment action for the possession or use of intoxicating substances during work hours or on workplace premises outside of work hours. 

In addition, employers are not required to commit any act that would violate federal law or cause the employer to lose a licensing-related benefit, funding, or contract under federal law. 

New Mexico Drug and Alcohol Testing

While New Mexico has no comprehensive law regulating the use of drug or alcohol testing by private employers, employers are generally prohibited from taking an adverse employment action against an applicant or employee based on conduct allowed under the state medical marijuana law.

However, an employer may prohibit or take adverse employment action against an employee for use of (or being impaired by) medical cannabis on the employment premises or during employment hours.

New York Drug and Alcohol Testing

New York currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Legalized Marijuana

New York's legalized marijuana laws allows certain individuals to use marijuana for medical or recreational purposes.

Under these laws, employers are prohibited from taking any adverse employment actions against an individual because of the individual’s legal use of or legal activity involving marijuana that occurs:

• Outside of the employee’s work hours;
• Off of the employer’s premises; and
• Without the use of the employer’s equipment or other property.

However, an employer’s adverse employment actions will not violate the law if they are:

• Required by state or federal statute, regulation, ordinance, or other state or federal governmental mandate; or
• Necessary to avoid violating a federal law or losing a federal contract or federal funding.

Employers may also take adverse actions if an employee is impaired by marijuana while working. Under the law, impairment means the employee manifests specific, articulable symptoms that:

• Decrease or lessen the employee’s job performance; or 
• Interfere with the employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health law

In addition, authorized medical users are deemed to have a disability for which accommodations may be required under the state's discrimination law.

Employers in New York City (NYC) are subject to a local NYC law that prohibits testing job applicants (other than applicants for certain safety-sensitive positions) for marijuana as a condition of employment unless otherwise required by law.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in North Carolina (NC)

North Carolina’s Controlled Substance Examination Regulation regulates the use of drug and alcohol testing by private employers. Employers generally must keep any information related to drug tests confidential. 

In addition, employers that conduct drug testing must comply with the following guidelines.

Permitted Testing

Employers may generally require drug testing of employees and applicants as a condition of hiring or of continued employment. 

The law does not cover testing for alcohol.

Collection of Samples

Samples for prospective or current employees may be collected on-site or at an approved laboratory. 

At the time of the provision of the sample, the examiner must provide examinees with written notice of their rights and responsibilities under state law. 

Screening Test of Samples

A preliminary screening procedure that utilizes a single-use test device may be used for prospective employees. 

The screening test of samples for current employees must be performed by an approved laboratory. 

Confirmation Test of Samples

If a screening test for a prospective employee produces a positive result, an approved laboratory must confirm that result by a second examination of the sample utilizing gas chromatography with mass spectrometry or an equivalent scientifically accepted method, unless the examinee signs a written waiver at the time or after the employee receives the preliminary test result. 

All screening tests for current employees that produce a positive result must be confirmed by a second examination of the sample utilizing gas chromatography with mass spectrometry or an equivalent scientifically accepted method.

Post-Testing Notice

Within 30 days from the time that the results are mailed or otherwise delivered to the examiner, the examiner must give written notice to the examinee of:  

• Any positive result of a controlled substance examination; and 
• The examinee's rights and responsibilities regarding retesting under state law. 

Legalized Marijuana 

North Carolina's medical marijuana law allows certain individuals to use marijuana for medical purposes. This law specifies that it does not prohibit employers from disciplining an employee for working with marijuana in the employee’s system.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

 

Drug and Alcohol Testing in North Dakota (ND)

North Dakota regulates the use of drug and alcohol testing by private employers as follows:

Employers must pay for any costs of a medical examination the employer requires of an employee or applicant, including a test for the presence of drugs or alcohol. 

Medical Marijuana

North Dakota's medical marijuana law to allows certain individuals to use marijuana for medical purposes. This law does not:

• Prohibit employers from disciplining an employee for possessing or consuming usable marijuana in the workplace or for working while under the influence of marijuana;
• Require a person in lawful possession of property to allow a guest, client, customer, or other visitor to possess or consume usable marijuana on or in that property; or
• Require a private insurer to reimburse a person for costs associated with the medical use of marijuana.

Employers with questions regarding the law's impact on workplace policies and practices are advised to contact a knowledgeable employment law attorney.

Oklahoma Drug and Alcohol Testing

Oklahoma employers may generally conduct drug and alcohol testing of employees and applicants, subject to the following prohibitions:

1. Before making an applicant or employee undergo drug or alcohol testing, an employer must adopt a written, detailed policy setting forth the specifics of its program. In addition, employers must give at least 10 days’ notice to employees before implementing or changing the policy.
2. Records of drug and alcohol test results must be made available for inspection and copying at an employee’s or applicant’s request. However, an employer generally may not release these records to anyone except the applicant, employee, or review officer.
3. An employer is generally prohibited from discriminating against a medical marijuana patient in hiring, termination, or any term or condition of employment. However, an employer can take action against a medical marijuana patient if he or she possesses marijuana while at work or during work hours.
4. An employer generally cannot take action against a medical marijuana patient solely based on the employee’s status as a medical marijuana license holder or the results of a positive marijuana drug test.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency. 

Drug and Alcohol Testing in Oregon (OR)

Oregon regulates the use of drug and alcohol testing by private employers as follows:

Permitted Testing

• Employers may test for alcohol and controlled substances defined in the federal Controlled Substances Act, including:
• Marijuana,
• Cocaine,
• Morphine, and
• Heroin.

Requirements for Employers

• Positive test results must be confirmed before employers may take adverse employment action against an applicant or employee.

Legalized Marijuana

Oregon's legalized marijuana laws allow certain individuals to use marijuana for medical or recreational purposes. These laws specify that they may not be construed to:

• Amend or affect in any way any state or federal law pertaining to employment matters;
• Prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession, or use of marijuana to the extent necessary to satisfy federal requirements for the grant;
• Prohibit a party to a federal contract or a person applying to be a party to a federal contract form prohibiting the manufacture, delivery, possession, or use of marijuana to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract;
• Require a person to violate a federal law;
• Exempt a person from a federal law or obstruct the enforcement of a federal law;
• Require an employer to accommodate the medical use of marijuana in any workplace; or
• Require a private health insurer (or government medical assistance program) to reimburse a person for costs associated with the medical use of marijuana.
  

Drug and Alcohol Testing in Pennsylvania (PA)

Pennsylvania currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Pennsylvania Medical Marijuana Program

Pennsylvania law allows certain individuals to use marijuana for medical purposes. Certain provisions of the law that affect employment are presented below:

• Employers are generally prohibited from discharging, threatening, refusing to hire or otherwise discriminating or retaliating against an employee regarding his or her compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana.
• The law does not:
  • Require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment;
  • Limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position; or
  • Require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.
• A patient can be prohibited by an employer from:
  • Performing any task which the employer deems life-threatening—to either the employee or any other employees—while under the influence of medical marijuana; or
  • Performing any duty which could result in a public health or safety risk while under the influence of medical marijuana. 
   

Drug and Alcohol Testing in South Carolina (SC)

South Carolina currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

South Carolina Drug-Free Workplace Program

Employers that implement a drug-free workplace program meeting certain requirements may receive a credit on their workers' compensation premiums.
In addition, employers that receive certain state contracts or grants may be required to implement a drug-free workplace program. 

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in South Dakota (SD)

South Dakota currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

South Dakota Medical Marijuana Law

South Dakota's medical marijuana law allows certain individuals to use marijuana for medical purposes in the state. This law does not address marijuana use in the context of employment.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Tennessee Drug and Alcohol Testing

Tennessee currently has no comprehensive law regulating the use of drug or alcohol testing by private employers. However, employers that implement a drug-free workplace program may qualify for workers’ compensation benefits. 

Tennessee Drug-Free Workplace Program

• Employers that implement a drug-free workplace program meeting certain requirements may receive a premium credit on their workers' compensation insurance policies.
• Employers with a drug-free workplace program may require their employees to submit to a test for the presence of drugs or alcohol, and terminate an employee if he or she has a positive test result. (State law provides some immunity to employees who test positive due to medications prescribed during the previous 6 months.)
• Employers that implement a drug-free workplace program must notify all employees that, as a condition of employment, they must refrain from working (or reporting to work) with the presence of alcohol or drugs in their bodies and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers’ compensation medical and indemnity benefits. 
• Certain employers that perform construction services for the state or local governments must implement a drug-free workplace program.

Texas Drug and Alcohol Testing

Texas currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in Utah (UT)

Utah regulates the use of drug and alcohol testing by private employers as follows.

Permitted Testing

• Employers may generally conduct drug and alcohol testing of employees and applicants. 

Requirements for Employers

• Drug and alcohol testing must comply with the terms of a written policy which is distributed to all employees and made available to all applicants. 
• Positive test results must be confirmed.
• Employers generally must keep any information related to drug or alcohol testing confidential.

Utah Medical Marijuana Law

Utah's medical marijuana law allows certain individuals to use marijuana for medical purposes. This law does not address marijuana use in the context of employment.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in Vermont (VT)

Vermont regulates the use of drug and alcohol testing by private employers as follows:

Employee Testing

• An employer may require an individual employee to submit to a drug and alcohol test if all the following conditions are met:
• The employer or an agent of the employer has probable cause to believe the employee is using or is under the influence of a drug or alcohol on the job.
• The employer has available for the employee tested a bona fide rehabilitation program for alcohol or drug abuse and such program is provided by the employer or is available to the extent provided by a policy of health insurance or under contract by a nonprofit hospital service corporation.
• The employee may not be terminated if the test result is positive and the employee agrees to participate in and then successfully completes the employee assistance program (the employee may be suspended only for the period of time necessary to complete the program, but in no event longer than 3 months).
• The test is administered according to the requirements under state law.

Applicant Testing

• An employer may require an applicant for employment to submit to a drug test only if all of the following conditions are met:
• The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result.
• The applicant received written notice of the drug testing procedure and a list of the drugs to be tested.
• The test is administered according to the requirements under state law.

Additional Requirements for Employers

• Employers must provide all employees and applicants tested with a written policy that identifies:
  • The circumstances under which persons may be required to submit to drug tests,
  • The particular test procedures,
  • The drugs that will be screened,
  • A statement that over-the-counter medications and other substances may result in a positive test, and
  • The consequences of a positive test result.
   
• Employers generally must keep any information related to drug or alcohol testing confidential.

Legalized Marijuana

Vermont's legalized marijuana laws do not bar an employer from adopting a policy that prohibits the use of marijuana in the workplace. In addition, the law does not create a cause of action against an employer that discharges an employee for violating a policy that restricts or prohibits the use of marijuana by employees.

Drug and Alcohol Testing in Virginia (VA)

Virginia currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Virginia Drug-Free Workplace Program

Employers that implement a drug-free workplace program meeting certain requirements may receive a discount in their workers' compensation premiums.

Virginia Legalized Marijuana Laws

Virginia law allows certain individuals to use marijuana for medical or recreational purposes. These laws prohibit employers from asking applicants about any marijuana-related criminal history.

Drug and Alcohol Testing in Washington (WA)

Washington currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Washington Marijuana Laws

Washington laws allow certain individuals to use marijuana for medical or recreational purposes. While these laws do not directly address employment,ase law holds that employers may have zero-tolerance policies even for authorized users.

On May 9, 2023, however, Washington enacted Senate Bill (SB) 5123, which provides employment protection for job applicants who use marijuana outside of work. SB 5123 is effective Jan. 1, 2024.

Prohibited Actions

Under SB 5123, employers may not discriminate against an applicant during “initial hiring for employment” based on the applicant’s:

• Use of marijuana off the job and away from the workplace; or
• Results of any employer-required test for marijuana.

Exemptions

The prohibitions added by SB 5123 do not apply to:

• Certain public safety positions, such as law enforcement officers, firefighters, first responders, corrections officers and airline workers;
• Positions subject to a federal background investigation or clearance requirements or for which a state or federal law requires testing; or
• Safety-sensitive positions for which impairment while working presents a substantial risk of death (as identified by the employer prior to its receipt of an application).

 

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in West Virginia (WV)

West Virginia Safer Workplaces Act

Under the West Virginia Safer Workplaces Act, an employer may test employees or applicants for the presence of drugs or alcohol, in accordance with the provisions of the law, as a condition of continued employment or hiring. However, employer testing must adhere to the accuracy and fairness safeguards outlined in the law.

Testing Policy Requirements
The West Virginia Safer Workplaces Act provides that an employer's testing or retesting for the presence of drugs or alcohol must be carried out within the terms of a written policy that has been distributed to every employee subject to testing and is available for review by applicants.

Employers must provide employees, when requested and/or as appropriate, with information as to the existence and availability of counseling, employee assistance, rehabilitation or other drug abuse treatment programs which the employer offers, if any. However, the employer is not required to offer any of these benefits.

Within the terms of the written policy, an employer may require the collection and testing of samples for, among other legitimate drug abuse prevention and/or treatment purposes, the following:

• Deterrence or detection of possible illicit drug use, possession, sale, conveyance, or distribution, or manufacture of illegal drugs, intoxicants, or controlled substances in any amount or in any manner, on or off the job, or the abuse of alcohol or prescription drugs;
• Investigation of possible individual employee impairment;
• Investigation of accidents in the workplace or incidents of workplace theft or other employee misconduct;
• Maintenance of safety for employees, customers, clients or the public at large; or
• Maintenance of productivity, quality of products or services, or security of property or information.

Disciplinary Procedures
Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer's written policy, or upon the refusal of an employee or applicant to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary or rehabilitative actions.

Employees in Sensitive Positions
If the confirmatory drug or alcohol test of an employee is "positive," and the employee is in a sensitive position where an accident could cause loss of human life, serious bodily injury, or significant property or environmental damage, the employer may permanently remove the employee from the sensitive position and transfer or reassign the employee to an available non-sensitive position with comparable pay and benefits, or may take any other action, including termination or other adverse employment action, consistent with the employer's policy for confirmed positive drug or alcohol test for employees in sensitive positions, provided there are not applicable contractual provisions that expressly prohibit such action.

Employers obligated to perform drug testing under a federal or state mandated drug testing statute will be required to follow whatever additional requirements are mandated by those statutes.

Confidentiality
All communications received by an employer relevant to employee or prospective employee drug or alcohol test results and received through the employer's drug testing program are confidential communications.

Employer Testing and Notice Requirements
An employer's drug-free workplace program must:

• Notify all employees that it is a condition of employment for employees to refrain from reporting to work or working with the presence of drugs or alcohol in their bodies;
• Have a policy stating that if an employee refuses to submit to a test for drugs or alcohol, that employee forfeits eligibility for unemployment compensation benefits, and if injured, for indemnity benefits under the Worker Compensation Laws.

The law also contains (among other provisions) certain requirements regarding the collection of samples, scheduling of tests, and testing procedures.

West Virginia Alcohol and Drug-Free Workplace Program

Certain contractors and subcontractors that perform construction work for the state or local governments must carry out a drug-free workplace program. 

West Virginia Medical Marijuana Law

West Virginia allows a patient to use medical marijuana if certain conditions are met. Under the law, an employer may not discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.

This law does not:

• Require an employer to make any accommodation of the use of medical cannabis on the property or premises of any place of employment.
• Prohibit an employer’s ability to discipline an employee for being under the influence of medical cannabis in the workplace or for working while under the influence of medical cannabis when the employee’s conduct falls below the standard of care normally accepted for that position.
• Require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.

Under the law, an employer may prohibit a patient from performing:

• Any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical cannabis.
• Any duty which could result in a public health or safety risk while under the influence of medical cannabis.

Under the law, neither of the above provisions will be deemed an adverse employment decision, even if the prohibition results in financial harm for the patient.

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in Wisconsin (WI)

Wisconsin currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

 

Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.

Drug and Alcohol Testing in Wyoming (WY)

Wyoming currently has no comprehensive law regulating the use of drug or alcohol testing by private employers.

Wyoming Drug-Free Workplace Program

Employers that implement a drug and alcohol testing program meeting certain requirements may receive a discount in their workers' compensation premiums. More information is available here.