Puerto Rico State Drug Testing Laws

Drug Testing IssueStatusComments
PolicyRequiredThere must be a written program, adopted by the employer and notified to the employees.
Disciplinary action PermittedNo dismissal may occur as a result of a first positive drug test, though an employer’s policy may state that the employee must submit to a rehabilitation program as a condition for continued employment.
Specimen TypeSee CommentsFollow Mandatory Guidelines for Federal Workplace Drug Testing Program. currently urine and oral fluid for drug testingen adn
POCT or Instant TestingProhibitedUse of SAMHSA certified Lab required
Lab Certified laboratory requiredLab must be SAMHSA certified
Medical Marijuana See CommentsNo restrictions for testing in current law
Recreational Marijuana See CommentsNo restrictions for testing in current law
Denial of Unemployment BenefitsSee CommentsNo benefits if employee is terminated for misconduct. Identify in policy that testing positive or refusal to test is classified as misconduct.substance
Denial of Workers Compensation BenefitsPermittedNo compensation if intoxication of cause of an accident and employee is intoxicated.,

Puerto Rico Act No. 59 of Aug. 8, 1997 (Act No. 59), 29 P.R. Laws Ann. tit. 29 §§161 et seq., establishes specific requirements for the drug testing of job applicants and employees in the private sector. Although Act No. 59 does not make drug testing mandatory, an employer who establishes a drug testing program must adhere strictly to the provisions of Act No. 59.


Puerto Rico has legalized medical cannabis use, but adult (recreational) use remains illegal.

Drug Testing in Puerto Rico

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Puerto Rico

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.