Pre-Employment Drug Testing Laws By State [2023]

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Research Summary: Often one of the last hurdles before getting hired, pre-employment drug tests are common throughout all 50 states. This is true whether certain drugs are legal in a state or not, as sobriety can be a critical aspect of job function for many types of positions. For example, jobs that require driving, the operation of heavy machinery, or patient care are all sensitive tasks that can not be completed safely under the influence of drugs.

Remember, pre-employment drug testing is a cost-saving, preventative measure for companies, so you shouldn’t be surprised when they hit you with one.

In general, the federal government leaves drug testing up to the employer unless the employer is contracted by the government. In that case, the employer must have a drug-free work environment. Many states have created their own laws, though, and according to our extensive research:

Detailed Pre-Employment Drug Testing Laws By State

There are currently 15 states with no pre-employment drug testing laws, meaning their policies effectively the same as the federal law. These states include:

For the states with more intricate pre-employment drug test laws that couldn’t be included on the chart, here is some more detailed information about those states:

1. Connecticut

   Employers in Connecticut cannot test former employees unless they have been away from work for at least 12 months.

   However, employers that can claim exemptions to this rule include those in mining, utilities, construction, manufacturing, transportation or delivery, educational services, healthcare or social services, justice, public order and safety activities, and national security and international affairs industries.

2. Georgia

   Refusing to submit a drug test after being asked to take one by a state government, public school, or private employer or receiving a positive test result can disqualify an applicant from state and public school employment for two years.

3. Hawaii

   Applicants must have the opportunity to disclose any prescription or non-prescription drugs they’ve taken before a drug test. Additionally, while drug tests are an optional choice for most employers, they are required for civil service applicants in the city of Honolulu.

4. Montana

   Drug testing is permitted for applicants who apply to intrastate transport jobs, hazardous environments jobs, as well as positions with security, public safety, or fiduciary responsibility.

5. New York

   New York City specifically bans pre-employment screening for marijuana use with the exception of safety and security sensitive job applicants and positions bound by a federal or state contract/grant.

6. Oklahoma

   Notices given to applicants about pre-employment drug tests must be in writing and describe methods, procedures, and policies in detail. This is a requirement for the authorization of any legal drug test in the state.

7. Rhode Island

   Private and public sector jobs have different requirements. Private-sector employers can only test applicants after a conditional job offer has been made, while any public-sector job that involves public safety or follows the rules set by federal law can administer a pre-employment drug test.

8. Utah

   Local governments and state colleges are permitted to test applicants as long as notice and a written policy are provided prior to the test. Private and government employers can choose not to hire a candidate if they do not provide a drug test or test positive.

9. Virginia

   While testing is permitted, employers are prohibited from discharging, disciplining, or discriminating against an employee who is using cannabis oil lawfully. In this case, lawfully refers to a valid written certification issued by a practitioner for the treatment of an employee’s diagnosed condition or disease.

Marijuana Legality By State

As of 2023, there are 21 states where medical and recreational marijuana use is legal and 16 states where only medical use is legal. In these states, testing positive for marijuana use will often not be an issue unless the industry or employer calls for a clean test.

Regardless, you won’t be getting in any legal trouble for testing positive. States that have legalized marijuana (medical marijuana at the least) include:

Just within the past few years there has been an unprecedented shift in the legalization of marijuana, however, there are still some states holding out. It’s especially important to be mindful of whether or not you have marijuana in your system when taking a drug test in one of the 13 states where it’s still illegal. Here is the list:

Pre-Employment Drug Testing FAQ

1. What drugs are tested for in pre-employment drug tests?

   Several different drugs can be tested for in pre-employment drug tests, depending on the state and industry. However, these are the most common drugs that can be revealed by a drug test:

   • Methamphetamines (meth, speed, ecstasy)

   • THC (cannabinoids, marijuana)

   • Alcohol

   • Cocaine

   • Opiates (heroin, opium, morphine)

   • Phencyclidine (PCP, angel dust)

   This is why it’s important to disclose which drugs you’re taking before a drug test, as for example, you could be flagged for opium use even though you’re taking a prescription pain medication. Letting your employer know which legal drugs you’re taking is an important part of ensuring you maintain a good impression.

2. What are the most common types of drug tests?

   The most common type of drug test is a urine test, but there are five common types of drug tests you may encounter. All of these tests serve different purposes and can detect drugs differently, and they include:

   • Blood test: Shows drug use from 2-12 hours prior

   • Mouth Swab test: Shows drug use from up to 48 hours prior

   • Breathalyzer test: Shows drug use from three to five days prior

   • Urine test: Shows drug use from up to ten days prior

   • Hair test: Shows drug use from up to 90 days prior

3. Can you still get hired if you fail a drug test?

   Typically no, you can’t be hired if you fail a drug test. This is mainly because pre-employment drug tests are only administered for positions where drug use poses a safety or security concern. Therefore, employers do not want the risk of hiring employees that use drugs.

   However, there can be exceptions to this rule if the applicant is using legal, medically prescribed drugs such as painkillers or medical marijuana.

4. What should you avoid before a pre-employment drug test?

   There are some things you should avoid 48 hours prior to your pre-employment drug test. For example, you shouldn’t smoke tobacco or perform strenuous exercise. Plus, food and drink to avoid include:

   Drinking:

   • Alcohol

   • Coffee

   • Tea

   Eating:

   • Avocados

   • Bananas

   • Eggplant

   • Pineapples

   • Plums

   • Tomatoes

   • Walnuts

   All of these foods, drinks, and activities can cause a drug test to detect chemicals in your body that can be confused for positive drug use. Avoiding them is certainly easier than explaining that your high serotonin levels were the result of an avocado toast binge, not doing methamphetamine.

Conclusion

As medical marijuana use becomes legal in more states and public opinion about drugs shifts, states will continue to update and change their laws regarding pre-employment drug tests.

In Virginia and New York, for example, employers are prohibited from discriminating against employees who use medical marijuana. While in New Mexico, the legalization of marijuana doesn’t prevent employers from declining applicants.

As of 2023, 15 states mimic the federal pre-employment drug testing laws, while the rest have their own laws in place. These laws vary quite a bit but often center on drug testing for jobs that are considered hazardous or jobs where drug use could cause a safety or security concern.

When in doubt, if you’re concerned about pre-employment drug tests, it’s important to research your state’s laws and your potential employer before you send out your application.

Author

Jack Flynn

Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.