The legal landscape surrounding cannabis continues to evolve. While the federal government has not changed its classification of marijuana as a Schedule 1 substance, many states are legalizing THC for both medical and recreational use. Employers must navigate an increasingly complex web of state and federal regulations while staying on top of changing cannabis discrimination testing laws (Example: California and Washington).
As states consider new pre-employment THC drug testing legislation, Verified First is here to help employers like you. If you are looking for information that cannot be found in this blog, please reference the Drug Screening Compliance Institute (DSCI) for the most accurate and up-to-date information.
State-by-State Pre-Employment THC Drug Testing Laws
The table below provides a comprehensive overview of pre-employment THC drug testing laws across the United States. It breaks down key components for each state, including:
Medical or Recreational: Whether marijuana is legal for medical and/or recreational use in the state.
THC Testing Provisions: Details the state's stance on pre-employment THC drug testing, including whether testing is allowed or restricted and testing requirements.
Discrimination Laws: Highlights any legal protections for employees and applicants who use cannabis, including restrictions on discrimination based on medical or recreational cannabis use.
Please note that cannabis laws are evolving rapidly and can vary greatly by state. This guide is meant to provide a general overview. It is not intended as legal advice. Given the constantly changing landscape of cannabis legislation, we strongly recommend consulting with a legal professional to ensure your company stays compliant with your state’s most current laws and regulations.
State
Medical or Recreational
THC Testing Provisions
Discrimination Laws
Alabama
Medical
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
None
Alaska
Medical and Recreational
Employers must provide applicants with testing policy prior to drug screen.
None
Arizona
Medical and Recreational
Employers must provide applicants with testing policy prior to drug screen.
1. Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test. 2. Employers cannot fire or refuse to hire an applicant based on a positive drug test alone.
Arkansas
Medical
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
California
Medical and Recreational
THC drug screens must only test for psychoactive cannabis metabolites against applicants.
Employers cannot discriminate against applicants for off-duty cannabis use.
Colorado
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
None
Connecticut
Medical and Recreational
Prohibits pre-employment testing for THC, except safety-related positions.
Employers cannot discriminate against an applicant for using THC outside of work.
Delaware
Medical and Recreational
Drug testing is required for safety, security sensitive, child care, home health and nursing home roles.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
District of Columbia
Medical and Recreational
Employers must provide applicants with conditional employment offer prior to drug screen.
Employers cannot penalize employees based on cannabis use without additional factors indicating impairment.
Florida
Medical
Employers must provide applicants with testing policy prior to drug screen. Refusal to submit to a drug test can be basis for not hiring.
None
Georgia
Medical (Low THC Only)
Employers must provide applicants with conditional employment offer prior to drug screen (exemptions exist).
None
Hawaii
Medical
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
None
Idaho
N/A
Testing permitted. Employers must provide applicants with testing policy prior to drug screen.
None
Illinois
Medical and Recreational
Employers must provide applicants with testing policy prior to drug screen.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test. Employers cannot penalize employees based on cannabis use without additional factors indicating impairment.
Indiana
N/A
No state drug testing laws. Follows federal screening laws where required.
None
Iowa
Medical
Applicant must be informed of drug testing policy at the time of application. Ads and applications must carry notice of drug testing policies.
None
Kansas
N/A
Testing required for safety-sensitive positions. Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
None
Kentucky
Medical
Employers must provide applicants with conditional employment offer prior to drug screen.
None
Louisiana
Medical
Employers must provide applicants with conditional employment offer prior to drug screen.
None
Maine
Medical and Recreational
Testing is only allowed if a company has a drug testing policy that has been approved by the Maine Department of Labor. Employers must provide applicants with testing policy prior to drug screen.
Employers cannot penalize employees for off-duty cannabis use. THC drug screens must only test for psychoactive cannabis metabolites against applicants.
Maryland
Medical and Recreational
Testing permitted. Only employers registered with the state’s Office of Health Care Quality can conduct pre-employment drug testing.
None
Massachusetts
Medical and Recreational
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
Employers must reasonably accommodate off-duty medical cannabis use for employees with disabilities. It is illegal for employers to discriminate against job applicants with medical marijuana cards.
Michigan
Medical and Recreational
Pre-employment drug screens cannot test for THC (except in safety-sensitive positions).
N/A
Minnesota
Medical and Recreational
Pre-employment drug screens cannot test for THC (except in safety-sensitive positions).
N/A
Mississippi
Medical
Employers must provide applicants with written drug testing policy prior to drug screen.
None
Missouri
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot discriminate against applicants based on their status as cannabis patients with valid medical marijuana cards. Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
Montana
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot take adverse action on a pre-employment positive marijuana result.
Nebraska
Medical
Testing is not restricted.
None
Nevada
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot refuse to hire an applicant based on a positive THC pre-employment drug test result.
New Hampshire
Medical
No state drug testing laws. Follows federal screening laws where required.
None
New Jersey
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot take adverse action on a pre-employment positive marijuana result.
New Mexico
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
New York
Medical and Recreational
Pre-employment drug screens cannot test for THC (except in safety-sensitive positions).
N/A
North Carolina
Limited Medical
Testing is not restricted.
None
North Dakota
Medical
No state drug testing laws. Follows federal screening laws where required.
None
Ohio
Medical and Recreational
Testing is not restricted.
None
Oklahoma
Medical
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
Oregon
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
None
Pennsylvania
Medical
State law prohibits pre-employment drug tests for marijuana as a condition of employment (except for safety-sensitive positions).
N/A
Rhode Island
Medical and Recreational
Employers must provide applicants with conditional employment offer prior to drug screen.
Employers cannot take adverse action on a pre-employment positive marijuana result.
South Carolina
Limited Medical
Testing not restricted.
None
South Dakota
Medical
Employers must provide applicants with conditional employment offer prior to drug screen.
None
Tennessee
N/A
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
None
Texas
Medical
No state drug testing laws. Follows federal screening laws where required.
None
Utah
Medical
Employers must provide applicants with testing policy prior to drug screen.
None
Vermont
Medical and Recreational
Employers must provide applicants with testing policy and conditional employment offer prior to drug screen.
Employers cannot take adverse action on employees based on cannabis use without additional factors indicating impairment.
Virginia
Medical and Recreational
No state drug testing laws. Follows federal screening laws where required.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
Washington
Medical and Recreational
THC drug screens must only test for psychoactive cannabis metabolites against applicants.
N/A
West Virginia
Medical
No state drug testing laws. Follows federal screening laws where required.
Employers cannot discriminate against a medical marijuana card holder with a pre-employment positive test.
Wisconsin
Limited Medical
Testing is not restricted.
None
Wyoming
N/A
No state drug testing laws. Follows federal screening laws where required.
None
Federal THC Testing Regulations
While state laws regarding THC and cannabis use continue to evolve, federal regulations still play a major role in determining pre-employment THC testing policies. Job applicants and employees regulated by the Department of Transportation (DOT), the federal government, and the Department of Defense must comply with federal standards, including drug testing regulations.
In these positions, federal regulations enforce a zero-tolerance policy toward marijuana use. Even in states where marijuana is legal for medical or recreational use, employees in DOT or federally regulated jobs must refrain from cannabis consumption to remain eligible for employment. A positive THC test can lead to suspension or disqualification from these roles.
While most private employers are not federally mandated to conduct drug testing, many choose to do so either as part of their own safety protocols or in response to state incentives. For example, many states offer Drug-Free Workplace Discount Programs providing incentives to organizations that maintain safe, drug-free working environments. These programs often encourage employers to implement and enforce THC drug testing policies, even if not legally required to do so at the federal level.
THC Drug Testing Best Practices for Employers
Given the complexities surrounding cannabis legality and screening regulations, employers should be proactive in shaping clear and consistent drug testing policies. Establishing robust drug screening policies helps ensure compliance while promoting fairness and transparency in the workplace.
By thoroughly evaluating your needs and potential challenges, your organization can create a balanced approach to THC testing that supports legal requirements and company values. Let’s explore actionable strategies every organization can implement to strengthen its drug testing program:
Create Written Drug Testing Policies
It’s essential to develop clear, written drug testing policies that outline specific expectations and procedures for THC testing. A well-defined policy promotes transparency and provides a clear understanding of the company’s stance on cannabis use. The policy should cover the circumstances under which drug testing will occur, whether pre-employment, random, or based on suspicion, and detail the consequences of a positive THC test (depending on your state).
Prioritize Clear Communication
Clear communication is key to ensuring that employees and applicants fully understand the company's drug testing policies and expectations around THC use. Open discussions help foster a transparent work environment where employees feel informed and aware of the rules they’re expected to follow. Additionally, clear communication can prevent misunderstandings and reduce the likelihood of disputes, particularly in cases where drug tests may result in positive THC results.
Stay Up To Date on Drug Testing Laws
Given the rapidly changing landscape of cannabis legalization, it’s crucial for employers to stay informed about both state and federal pre-employment THC testing laws. Regularly reviewing updates to legislation can help ensure that your company remains compliant with new regulations as they emerge. Staying up to date helps mitigate legal risk while allowing employers to adjust policies as needed, ensuring that drug testing protocols remain effective and aligned with current laws.
How Verified First Can Strengthen Your Drug Testing Program
Navigating the complexities of pre-employment THC drug testing laws can be challenging, especially with the rapid pace of changes at both the state and federal levels. Employers must stay informed and adapt their policies accordingly to remain compliant and ensure a safe and productive workplace. At Verified First, we understand the intricacies of cannabis legislation and the impact it can have on your drug testing protocols.
We offer a range of drug screening solutions designed to meet the unique needs of your business. Whether you operate in a safety-sensitive industry or are looking for a more flexible approach, our industry-specific packages are tailored to help maintain compliance with state and federal regulations. Additionally, we provide custom packages that can be adjusted to fit your organization’s specific requirements, along with a-la-carte options for more targeted solutions.
Verified First offers a streamlined screening experience. With robust screening solutions, including background checks, drug testing, I-9 & E-verify, and more, you can effortlessly evaluate candidates, recruit volunteers, and rescreen employees. Our patented screening technology seamlessly and securely connects with 150+ cloud-based people and volunteer management platforms. We offer no annual commitments, long-term contracts, or minimum screening requirements. And the best part? We have an industry-leading, PBSA-accredited client care team to support you along the way.
Verified First understands that efficiency is key, and switching between different systems for background screening can create friction and slow down the process. That's why we're thrilled to announce our new integration with leading payroll and HCM solutions provider: Workday. This collaboration brings our comprehensive background screening solutions directly into Workday, creating a seamless and unified experience for HR professionals. What does this mean for Workday users? A faster, more accurate, and more efficient way to onboard your next great hire. Verified First integrates with 150+ industry-leading hiring and talent management solutions to constantly innovate and provide our clients with the tools they need to succeed in the future of work. Let’s explore what Verified First’s integration with Workday means for you and your organization. Workday Background Screening Integration Key Features Verified First’s integration with Workday helps solve common hiring frustrations by creating a seamless workflow. Here's what this powerful
For employers regulated by the Department of Transportation (DOT), mastering DOT compliance is the foundation of operational success. The constantly fluctuating landscape of drug and alcohol testing regulations and DOT screening requirements demands proactive scrutiny and vigilance. Even slight missteps can trigger severe penalties, jeopardize operating authority, and inflict lasting damage on a trucking company or transportation business. Successfully managing DOT-compliance requires more than guesswork. To provide that, we've asked our DOT Solutions & Support Engineer, Alexxander Purcell, to distill the most challenging aspects of DOT screening and compliance into actionable answers. Our goal is to equip you with the practical knowledge to simplify your processes, avoid costly pitfalls, and confidently master the intricacies of DOT screening. Dive into the most-requested DOT screening and compliance questions and answers below. Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal or professional
AI is here. Is HR in the conversation? This isn't a rhetorical question. Artificial Intelligence (AI) is actively reshaping every job and every company from the inside out, presenting new challenges and opportunities. Yet, a vital concern remains: HR's voice isn't always represented in key AI discussions shaping organizational futures. As explored in our recent HR at the Table® webinar, "The AI Conversation: Why HR Needs A Voice (and How to Get It)," your unique grasp of human capital, culture, and employee experience positions you as an indispensable voice in your organization’s future. It's time to proactively find your voice by equipping yourself and your team with the essential AI skills that will strategically elevate HR's role in the AI conversation. Empowering HR's voice starts with knowledge. Keep reading to uncover the essential AI skills that will fortify your position and influence within your organization's AI journey. Why HR Needs
Our commitment: Verified First is proud to be an equal opportunity employer. We expect all team members to have an understanding of, and commitment to diversity, equity, and inclusion.
