US Pre-employment Drug Testing Requirements For 2024

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.

*Note: The information regarding pre-employment drug testing laws and regulations by state has been checked and updated for 2024.

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.

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To really make sure your workplace is healthy and productive, read the following blog post on the topic of toxic workplace, how it affects the employees but also how to deal with it here:

Toxic work environment: red flags and survival tips

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:

Now let’s go over specific pre-employment drug testing laws by state.

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If you want to learn more about federal laws and regulations in the US, together with minimum wages, overtime rules, exempt and non-exempt employees, and much more, visit the page below:

Fair Labor Standards Act (FLSA) Regulations

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 January 2024, medical marijuana has been legalized in 38 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	Medical use not yet operational
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	– Safety, security sensitive, or child care employees (public and private); – 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 (low THC products allowed only)
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	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	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 (employees who hold a Commercial Drivers License (CDL) must go through a mandatory pre-employment drug testing)	No state laws, federal rules apply	No state laws, federal rules apply	None considered legal (low THC products allowed only)
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 (low THC products allowed only)
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 (low THC products allowed only)
Kentucky	No state laws, federal rules apply	No state laws, federal rules apply	No state laws, federal rules apply	None considered legal (low THC products allowed only)
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	Medical and recreational use 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 and recreational 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	No state laws, federal rules apply	No state laws, federal rules apply	No state laws, federal rules apply	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); – According to AB 132, pre-employment drug testing for cannabis is prohibited as of January 1, 2020, except for certain safety-sensitive positions	– Yes; – Employers are prohibited from rejecting a job candidate based on positive cannabis test	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 and recreational 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 and recreational use considered legal
South Carolina	Public 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 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 (low THC products allowed only)
Texas	No state laws, federal rules apply	No state laws, federal rules apply	No state laws, federal rules apply	None considered legal (low THC products allowed only)
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; – According to ESSB 5123, pre-employment drug testing for cannabis is prohibited as of January 1, 2024, except for certain safety-sensitive positions	– Yes; – Employers are prohibited from rejecting a job candidate based on positive cannabis test	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	All employers	Allowed if applicants receive an advance notice of no more than 3 days before the sample collection	Yes	None considered legal (low THC products allowed only)
Wyoming	No state laws, federal rules apply	No state laws, federal rules apply	No state laws, federal rules apply	None considered legal (low THC products allowed only)

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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:

State Labor Laws Guides

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 checked and updated in Q1 of 2024. 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.

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Sources for the table:

Pre-employment Drug Testing by State Guide for 2024