State Pre-Employment Drug Testing Laws

Although some states and employers have relaxed their restrictions on marijuana, all 50 states still permit employee drug testing. There are no federal drug testing requirements except in a few “safety-sensitive” occupations.

In general, federal law permits states and employers to set drug policies and testing programs as they see fit, within the bounds of other federal and state laws.

To learn how these rules might apply to your unique situation, consult your state's laws. A local employment law attorney can help you handle issues with workplace drug testing, including:

• Wrongful termination
• Unlawful withdrawal of a job offer
• Violation of protections for legal marijuana use

This article explains employer drug testing policies and outlines regulations from each state. It focuses on pre-employment drug testing. For more information on other types of workplace drug tests, such as post-accident testing, visit these FindLaw resources:

• Drug Testing at Work
• Legal Marijuana and Workplace Drug Testing
• Workplace Searches and Interrogations

First, let's review federal laws on employee drug screening.

Drug-Free Workplace Rules

The federal Drug-Free Workplace Act of 1988 requires all federal job applicants to submit to drug screening. Under the Drug-Free Workplace Program, federal employers must:

• Inform prospective employees that drug testing is a condition of employment
• Inform applicants that a positive drug test may be grounds to rescind a job offer
• Carry out drug testing in a manner approved by federal regulations before a final offer of employment

Federal contractors and businesses that have joined the Drug-Free Workplace Program for workers’ compensation benefits must also follow these requirements.

DOT Regulations

The most common pre-employment drug tests involve jobs regulated by the Department of Transportation (DOT).

DOT-regulated positions are those where substance abuse could jeopardize transportation or involve hazardous materials. Examples include:

• Truck drivers
• Train engineers and operators
• School bus drivers
• Air traffic controllers, pilots, and flight crews
• Oil pipeline operators and oil rig crews

The Omnibus Transportation Employee Testing Act of 1991 expanded DOT regulations to all safety-sensitive positions within the transportation industry. This includes jobs regulated by:

• The Federal Aviation Administration (FAA)
• The Nuclear Regulatory Commission (NRC)
• The Federal Railroad Administration (FRA)

Department of Defense (DOD) contractors and private employers who work with the DOD must also follow federal drug-free workplace policies.

State Pre-Employment Drug Testing Laws

Every state has its own requirements for pre-employment drug testing programs. In general, state governments fall into three categories:

Mandatory states. Like the federal government, mandatory states require pre-employment drug testing for safety-sensitive industries or other positions designated by the state. Employers have the option to test in other industries and for non-safety-sensitive positions. But federal and state laws apply, and employers must follow all regulations.

Open states do not have specific statutes regulating pre-employment drug testing. Employers must still follow federal laws in DOT-regulated workplaces. Employers in open states must still follow other federal guidelines like the ADA and state and federal case laws when implementing drug testing programs.

Voluntary states offer workers’ compensation discounts for employers who enforce a drug-free workplace policy. They are not fully “open” states, since once an employer signs up for the program, they are bound by the policy requirements. Employers who do not opt in to the program do not have to follow any state testing laws, but may still need to follow federal regulations.

Most state governments have pre-employment and post-employment drug testing policies for workers that differ from private employers. Private companies who contract with state agencies must follow state drug policies.

Marijuana Drug Testing

Marijuana use presents an interesting problem for employers today. As of 2025, 39 states allow some form of medical marijuana use, and 24 allow recreational use. At the same time, all 50 states permit employers to enact drug-free workplace programs and test their employees for illegal drugs.

Unlike alcohol, there is no specific test for marijuana impairment. Due to the way THC metabolizes in the body, the presence of THC in a person’s urine does not mean they used marijuana recently. A one-time use of marijuana could appear in a urine test up to 72 hours later. A pre-employment drug test may find nothing more harmful than last week’s party.

Below are a few things to consider in states with legal medical or recreational marijuana laws:

• Employers subject to DOT regulations may not permit marijuana use by their employees. This includes employers subject to the Omnibus Transportation Employee Testing Act.
• Medical marijuana does not fall under the Americans with Disabilities Act (ADA). Use of medical marijuana is not a “reasonable accommodation.” However, eight states prohibit employers from taking adverse action against employees based on medical marijuana use
• Federal contractors and grantees must abide by the Drug-Free Workplace Act, including testing for marijuana.
• The National Labor Relations Act (NLRA) requires union negotiations before employers implement drug testing policies.

Many employers have mandatory drug and alcohol testing after a serious accident or safety incident in the workplace. Most states bar random drug testing before an accident unless the employer can show:

• There is reasonable suspicion of impairment
• The employee is in a position where their impairment would endanger the health or safety of other individuals
• The employer allows the employee to rebut the drug test results or have the sample independently tested

Most states require reasonable suspicion before an employer can carry out drug testing on an employee. “Reasonable suspicion” means an employee exhibits some signs of impairment or intoxication.

Overview of State Pre-Employment Drug Testing Laws

The table below outlines each state's approach to pre-employment drug testing.

A local employment attorney can help you understand how these rules might apply to your unique circumstances. Most employers are allowed to conduct drug testing, including before hiring. But applicants may still have a legal claim if the testing is carried out in a way that discriminates against certain groups or fails to comply with state law.

Get Legal Advice from an Employment Law Attorney

The shifting laws around marijuana and workplace drug testing make applying for new jobs or keeping existing jobs tricky. The legalization of marijuana does not always include protections for employees in the way many workers would like.

If you need help with pre-employment drug tests or have a positive test result that could endanger your job, contact an employment law attorney in your state for assistance. They can evaluate your options under federal, state, and local law and walk you through your options.