Here is a comprehensive chart.
State | Covered Employers | Provisions | Medical or Recreational Marijuana Legal |
Alabama | All | Testing permitted after applicant receives drug-testing policy and a conditional employment offer. | N/A |
Alaska | All employers, including school districts or regional educational attendance areas. | Testing not restricted. Positive results or refusal may be grounds for not hiring. | Medical and Recreational |
Arizona | All private employers, plus school districts and entities that furnish transportation to school districts. | Testing permitted after applicant receives drug testing policy. Refusal to submit to a drug test can be basis for not hiring. Testing is required for school bus driver certification. | Medical |
Arkansas | N/A | No state laws; follows federal law where required. | Medical |
California | State Agencies | Testing permitted for applicants to positions of sensitivity in state agencies if testing is job related. Testing is required for public transportation drivers. | Medical and Recreational |
Colorado | N/A | No state laws; follows federal law where required. | Medical and Recreational |
Connecticut | All private employers | Testing permitted after applicant receives drug-testing policy. Cannot test former employees unless they have been gone for at least 12 months. Testing is required for school bus driver certification. | Medical |
Delaware | Public and private schools and school transportation; Department of Corrections. | Testing is required for school bus driver certification and for security positions at Department of Corrections. | Medical |
District of Columbia | N/A | No state laws; follows federal law where required. | Medical and Recreational |
Florida | Private employers with 3 or more employees. Public employers with safety-sensitive and law enforcement positions. | Testing permitted after applicant receives drug testing policy. Refusal to submit to a drug test can be basis for not hiring. | Medical |
Georgia | State government employers, public schools, and companies that furnish school transportation; private employers. | Testing authorized for applicants of state government, public schools, and private companies. Refusal to submit to a drug test or a positive test result may disqualify applicant from state and public school employment for two years. | N/A |
Hawaii | All employers | Testing permitted after applicant receives drug testing policy and has opportunity to disclose current prescription and nonprescription drugs being taken. Testing required for civil service applicants with city of Honolulu. | Medical |
Idaho | All employers | Testing permitted. | N/A |
Illinois | N/A | No state laws; follows federal law where required. | Medical |
Indiana | N/A | No state laws; follows federal law where required. | N/A |
Iowa | Public and private employers | Testing permitted if applicant is informed at the time of application that a drug test is required. Ads and applications must carry notice of drug test. | N/A |
Kansas | State government | Testing permitted for applicants to safety-sensitive jobs after a job offer has been made. Ads for safety-sensitive jobs must carry notice of drug test. | N/A |
Kentucky | N/A | No state laws; follows federal law where required. | N/A |
Louisiana | Public and private employers not subject to a federally mandated testing program. | Testing not restricted. | Medical |
Maine | Public and private employers | Testing permitted after applicant receives drug testing policy. Refusal to submit to a drug test or a positive test result can be basis for not hiring. | Medical and Recreational |
Maryland | All employers | Testing not restricted. | N/A |
Massachusetts | N/A | No state laws; follows federal law where required. | Medical and Recreational |
Michigan | N/A | No state laws; follows federal law where required. | Medical and Recreational |
Minnesota | Public and private employers | Testing permitted after applicant receives drug-testing policy and a conditional employment offer and only if all job candidates are tested. | Medical |
Mississippi | Public and private employers | Testing not restricted. | N/A |
Missouri | N/A | No state laws; follows federal law where required. | Medical |
Montana | Public and private employers | Testing permitted for applicants to intrastate transport jobs, hazardous environments jobs, or positions with security, public safety, or fiduciary responsibility. | Medical |
Nebraska | Private employers with six or more employees and public employers | Testing not restricted. | N/A |
Nevada | State agencies | Testing permitted for public safety jobs.
THC testing is not permitted for most jobs. Some professions are exempt: firefighters, emergency medical technicians (EMTs), any employee who drives a motor vehicle—for which federal or state law requires the employee to submit to a screening test—or any safety-sensitive position that could adversely affect the safety of others. |
Medical and Recreational |
New Hampshire | N/A | No state laws; follows federal law where required. | Medical |
New Jersey | N/A | No state laws; follows federal law where required. | Medical |
New Mexico | N/A | No state laws; follows federal law where required. | Medical |
New York | N/A | New York City bans pre-employment screening for marijuana use except for safety and security sensitive jobs and jobs bound by a federal or state contract or grant. | Medical |
North Carolina | Public and private employers | Testing not restricted. | N/A |
North Dakota | N/A | No state laws; follows federal law where required. | Medical |
Ohio | All employers | Applicant testing authorized with advance notice to applicant and after offer of employment has been made. | Medical |
Oklahoma | Public and private employers | Applicant testing authorized with advance notice to applicant and after offer of employment has been made. Notice must be in writing, describing methods, procedures, and policies in detail. | Medical |
Oregon | All employers | Testing permitted if reasonable suspicion exists that applicant is under the influence of alcohol or controlled substance. | Medical and Recreational |
Pennsylvania | N/A | No state laws; follows federal law where required. | Medical |
Rhode Island | Public and private employers | Private sector applicant testing permitted only after offer of employment has been made. Public sector testing permitted for jobs involving public safety or when required by federal law. | Medical |
South Carolina | All employers S.C. Code § 1-13-30. | Testing not restricted. | N/A |
Tennessee | State Dept. of Corrections | Testing not restricted. | N/A |
Texas | N/A | No state laws; follows federal law where required. | N/A |
Utah | Private employers, local government entities, and state institutions of higher education | Testing not restricted in the private sector. Local governments and state colleges can test applicants with advance notice and a written policy. Refusal to submit to a drug test or a positive test result can be basis for not hiring. | Medical |
Vermont | Public and private employers | Testing authorized with advance written notice to applicant, after conditional offer of employment has been made, and if test is part of pre-employment physical. | Medical and Recreational |
Virginia | N/A | No state laws; follows federal law where required. | N/A |
Washington | Private employers seeking to qualify for a 5% workers’ comp. premium discount, with approval by state authorities. | Testing authorized with advance written notice and after conditional offer of employment has been made. | Medical and Recreational |
West Virginia | N/A | No state laws; follows federal law where required. | Medical |
Wisconsin | N/A | No state laws; follows federal law where required. | N/A |
Wyoming | N/A | No state laws; follows federal law where required. | N/A |
Hope this helps!
October 2018
Drug testing
Drug test
state drug testing laws
drug testing by state
pre-employment drug testing
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