Texas State Drug Testing Laws

Marijuana Law:

Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

Employer Concerns – Significant to Review

  • Only low-THC (no greater than 0.5% THC) medical cannabis extract (CBD) is legal.
  • Texas law states that the low-THC is only allowed with a physician’s prescription (but prescriptions for cannabis are illegal under federal law).
  • Possession of cannabis flowers or CBD with THC that exceeds legal limits (0.5% THC) is a serious criminal offense.





  • Smoking is prohibited.
  • Possession of flower cannabis or cannabis of greater than 0.5% THC by weight is a serious criminal offense.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • It is an offense for an employee to assist or attempt to defraud a drug test or its results.
  • Texas has a voluntary workers’ compensation law that, although not required, a complying employer has greater latitude to deny claims.
  • Employers subject to U.S. Department of Transportation (DOT) must report certain drug program violations to the Texas Department of Transportation.


(e.g., Bill Number, Authority)
  • Texas Health & Safety 481.133 – Drug testing related
  • Texas Transportation Code Ann. 644.252 – Drug testing related
  • TWC Appeal No. 97-003744-10-040997 – Case decision
  • Texas Labor Code Ann. 207.044 – Unemployment related
  • Texas Labor Code Ann. 401.013 & 406.032 – Workers’ compensation related

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.


Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).