There are hundreds of state laws regarding employment drug testing. These laws are generally classified as voluntary or mandatory state laws. Marijuana is also a hot topic that shows up very often regarding employment drug testing. There also the DOT laws regarding employment drug testing for transportation related industries, these DOT regulations from 49 CFR Part 40 supersede any state laws on drug testing.Â
Mandatory laws are applicable to all employers within a state that perform drug testing, whereas voluntary laws are only relevant to those employers who engage in optional state-sponsored programs. Let’s discuss what are voluntary state drug testing laws and what are mandatory state drug testing laws?
Voluntary State Laws for Employment Drug Testing
A good number of states have established programs that provide specific incentives for employers to implement drug testing. If an employer opts to engage in the state’s program, their company is required to adhere to the drug testing regulations of that voluntary program. These are comprehensive drug free workplace programs. Participation in the program can lead to incentives such as a discount on workers compensation insurance premiums.
Some of the states that include a workers comp insurance discount for participation in the voluntary drug testing law for that state include:
- Alabama – 5% discountÂ
- Georgia –7.5% discountÂ
- Florida – 5% discount
- South Carolina –5% discountÂ
- Tennessee – 5% discountÂ
- Virginia –5% discount
- Washington – 5% discount; only state-run fund
Ohio has a new Substance Use Prevention and Recovery (SUPR) Program (effective July 2025) which pays bonuses on premium payments and provides for reimbursement to cover costs of implementing and maintaining a comprehensive drug free workplace.
In states with voluntary laws, it is optional to participate. If an employer is not participating in the voluntary law, they may conduct drug testing as see fit for their company. It is strongly advised these companies follow industry best practices and be consistent in the program in order for their drug testing to be legally defensible.
Mandatory State Laws for Employment Drug Testing
A good number of states also have mandatory drug testing laws that apply to employers with operations in that state. In these states, employers must follow the laws if they are conducting employment mandatory drug testing.
Some of the states with mandatory drug testing laws are listed below. These laws may restrict certain types of drug testing process or reasons for test (random for example). Some of the mandatory laws require testing at a Substance Abuse and Mental Health Services Administration (SAMHSA) certified laboratory and review and verification of a drug test results by a Medical Review Officer. Mandatory state laws may allow or restrict point of collection testing (POCT).
Here are a few of the states with mandatory state laws for employment drug testing:
- Vermont
- Connecticut
- Hawaii
- IowaÂ
- West Virginia
- Rhode Island
- Oregon
- North Carolina
There are some states that have no general drug testing statutes including:
- New Hampshire
- New Mexico
- Kansas
- Missouri
- Michigan
- South Dakota
- Texas
- Colorado (except city of Boulder)
Visit National Drug Screening web site for a comprehensive review of State Laws for Workplace Drug Testing
Learn more about marijuana in the workplace with the NDS State by State Guide to Workplace Marijuana Laws
