{"id":4685,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/drug-testing-during-hiring.html"},"modified":"2026-05-01T04:44:00","modified_gmt":"2026-05-01T09:44:00","slug":"drug-testing-during-hiring","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/drug-testing-during-hiring.html","title":{"rendered":"Drug Testing During Hiring"},"content":{"rendered":"\n
\n

Drug Testing During Hiring<\/h1>\n\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

Pre-employment drug testing is when employers screen job applicants for substances like marijuana, cocaine, or amphetamines to ensure workplace safety. These screenings occur after a conditional job offer and must follow state and federal guidelines and the Americans with Disabilities Act to avoid discrimination and protect privacy.<\/p>\n\n <\/div>\n\n\n\n

Even though marijuana use<\/span> is more acceptable these days, employers don\u2019t want new hires who will show up in a haze for their first day on the job. An impaired worker presents a great liability if a job requires employees to operate heavy equipment or work with hazardous materials. One way to avoid problems is screening out individuals prone to abuse of drugs or alcohol during the hiring process.<\/p>\n

Small-business owners are not required to test workers. Private employers<\/span> may set any workplace policy they choose. Federal and state laws<\/span> limit drug testing<\/span> during the hiring process. Improper\u00a0pre-employment <\/span>drug tests<\/span><\/a>\u00a0can lead to legal action and fines.<\/p>\n

Pre-Employment <\/span>Drug Tests<\/span><\/h2>\n

Each state has its own pre-hire drug testing<\/span> laws<\/span><\/a>. No state has mandatory drug screening. Most follow federal guidelines for pre-employment testing<\/span> in which drug tests<\/span> occur after a conditional job offer. The general requirements for pre-employment drug screening<\/span> include:<\/p>\n