Pre-Employment Drug Testing Laws: State by State

Pre-employment drug testing helps employers create safer workplaces while minimizing liability and costs. However, while it’s now standard practice across many industries, the specific drug testing law requirements vary widely by location.

Navigating these drug testing laws can be a real challenge for employers and business owners. Case in point—employment drug testing laws continue to evolve as marijuana legalization expands across the country. As a result, understanding both pre employment drug testing laws by state as well as federal regulations is essential for implementing effective, legally compliant drug testing programs. Such understanding creates safe workplaces for everyone involved.

Key Takeaways

1. Federal law doesn’t generally require or prohibit drug testing for private employers, but certain industries (transportation, federal contractors) face stricter requirements.
2. State laws vary dramatically—from states with virtually no restrictions to those with detailed procedural requirements concerning when, how, and whom employers can test.
3. Marijuana legalization has complicated testing policies, with many states now restricting employers from punishing workers for off-duty use, particularly for non-safety-sensitive positions.

Introduction to Pre-Employment Drug Testing

At this point, drug testing is a standard part of the hiring process for most companies across America. Whether you’re a small business owner or a job seeker, understanding the legal landscape of pre-employment drug screening is crucial. These tests help employers identify potential substance users before they join the team, creating safer workplaces and reducing liability.

But there’s no single rulebook when it comes to drug testing laws. Federal regulations provide some structure, but states have their own unique drug testing laws—especially when it comes to marijuana testing in the era of increasing legalization.

What can employers test for? When can they conduct these tests? What rights do applicants have? The testing laws governing these practices can change significantly depending on where you live and work.

Importance of Pre-Employment Drug Testing

The benefits of implementing drug testing during the hiring process extend far beyond simple compliance with regulations. Companies that screen candidates effectively protect their workforce, their customers, and their bottom line.

Why Employers Should Conduct Drug Tests

It’s hard to overstate how critical workplace safety is for any business. Employees under the influence of drugs pose significant risks—not just to themselves, but to coworkers and customers as well. Pre-employment drug testing serves as a frontline defense. Further, employment drug screening helps you address these hazards by identifying potential problems before they walk through your door.

Consider this: workers with substance abuse issues are nearly 3.5 times more likely to be involved in workplace accidents. They’re also five times more likely to file workers’ compensation claims. Those numbers translate to real human costs and financial liabilities that no business can afford to ignore.

Beyond safety, there’s also the matter of productivity. Substance abuse correlates strongly with:

• Increased absenteeism and tardiness
• Decreased output and quality of work
• Higher turnover rates
• Increased healthcare costs

By screening job applicants before they’re hired, companies can maintain a more reliable, focused workforce.

Then there’s the culture factor. A drug-free workplace generally promotes higher morale among employees who appreciate knowing their colleagues are held to the same professional standards. This creates an environment of mutual trust and respect that’s good for everyone.

Many employers are also motivated by financial incentives. Several states offer substantial workers’ compensation premium discounts—sometimes up to 7.5%—for companies that implement drug-free workplace programs. For larger businesses, these savings can be significant enough to justify the testing costs many times over.

General State and Federal Regulations for Employers

As we said, navigating the legal landscape of pre-employment drug testing requires understanding both federal mandates and the specific requirements of your state. Getting this right protects your company from potential liability.

Fair Credit Reporting Act

While the federal government doesn’t generally require private employers to test job applicants for drugs, it does set important parameters. The Fair Credit Reporting Act (FCRA) comes into play when employers use third-party agencies to conduct background checks, including drug screenings. Under the FCRA, employers must obtain written consent before conducting these tests and follow specific procedures if they make adverse hiring decisions based on the results.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) also factors in, particularly regarding prescription medications. While the ADA doesn’t prevent drug testing, it does prohibit discrimination against individuals with disabilities. This includes those recovering from substance abuse or those using properly prescribed medications.

Drug-Free Workplace Act

For federal contractors, the Drug-Free Workplace Act of 1988 requires those receiving grants of any size or contracts exceeding $100,000 to maintain drug-free workplace policies. This includes:

• Distributing formal policy statements
• Implementing drug awareness programs
• Notifying the contracting agency of employee drug convictions
• Imposing sanctions on employees with drug violations

Interestingly, the Act doesn’t actually mandate federal drug testing itself.

Other Federal Drug Testing Laws

Some industries face even stricter federal mandates. Transportation workers, for instance, are covered by the Department of Transportation’s testing requirements. If you’re hiring truck drivers, pilots, train engineers, or similar roles, you’ll need to comply with DOT’s comprehensive drug and alcohol testing regulations.

State Restrictions and Laws on Drug Screening

Here’s where things get really interesting—and complicated. Once again, state drug testing laws on pre-employment drug testing vary dramatically. Some states have virtually no restrictions, allowing employers wide latitude in their testing programs. Others impose significant limitations on when, how, and whom employers can test.

Take New York, for example. The state recently banned pre-employment marijuana testing for most positions, with exceptions for safety-sensitive roles. A recent California law (AB 2188) prohibits discrimination based on cannabis use that occurred off-duty and away from the workplace. Meanwhile, states like Alaska and Georgia offer voluntary programs with workers’ compensation discounts for employers who implement drug-free workplace policies.

Some states require employers to provide written notice of drug testing policies, while others mandate specific testing procedures or limit testing to certain circumstances. Obviously, this patchwork of employment drug testing laws creates genuine challenges for multi-state employers trying to maintain consistent policies.

The bottom line—what’s perfectly legal in one state might expose you to significant liability just across the state line, making a platform like Mosey instrumental in helping you juggle differing laws, timelines, requirements, and more.

Best Practices for Implementing Pre-Employment Drug Testing

Even with so many different legal requirements across states, there are some universal best practices to create effective, legally compliant employment drug testing programs. Following these guidelines helps protect both employers and job applicants.

Developing a Clear Policy for Employees

If you’re going to test, you absolutely need an up-to-date written policy in your handbook—a process Mosey can automate—that spells out every detail. Your drug testing policy should clearly explain what substances you’re testing for, which positions require testing, and the consequences of positive results or test refusals.

Make this policy transparent from the beginning of the hiring process. Include information about drug testing in job postings and application materials so candidates know what to expect. This upfront approach not only helps with legal compliance but also discourages applications from individuals who know they wouldn’t pass the screening.

Your policy should cover:

• Which positions require testing
• When testing occurs in the hiring process
• What substances are included in the screening
• How samples are collected
• The handling of positive results
• Provisions for re-testing if needed
• How prescribed medications are addressed

Don’t forget to address how your policy handles legally prescribed medications and state-legal marijuana use. With medical marijuana now legal in the majority of states, this particular issue requires careful consideration to balance workplace safety against potential discrimination concerns.

Types of Drug Tests and Screening Methods: Choosing the Right Ones

The method you select for drug screening impacts everything from cost and convenience to detection periods and legal defensibility. Different options suit different workplace needs.

Drug screening comes in several varieties, each with its own advantages. Urine tests remain the most common and can detect recent drug use, typically within the past few days to a week for most substances. They’re relatively inexpensive and widely available through testing labs.

Saliva tests are gaining popularity because they’re less invasive and better at identifying very recent use—making them ideal for reasonable suspicion testing. Hair testing offers a much longer detection window, often up to 90 days, but at a higher cost. Blood tests provide the most accurate results but are also the most expensive and invasive option.

Regardless of the method you choose, it’s essential to partner with a reputable, certified testing provider. These professionals understand compliance requirements and proper handling procedures, reducing your legal exposure while ensuring accurate results.

For marijuana testing specifically, newer technologies can detect actual impairment rather than just the presence of non-psychoactive metabolites. This distinction is important since these metabolites can remain in the system long after impairment has passed. Further, many states have also implemented protections for off-duty cannabis use, creating the need for such specific testing.

Maintaining Confidentiality and Fairness

How you handle testing procedures and results can be just as important as the tests themselves. Respect for privacy and consistent policy application are essential.

Employment drug test results contain sensitive personal information. Treat them with the same confidentiality as you would medical records, restricting access to those with a legitimate need to know. Store these records securely and separately from general personnel files.

The testing process itself should be dignified and respectful. Candidates may feel uncomfortable or even humiliated by drug testing requirements, so handle the situation with sensitivity. Clearly communicate the process, timeline, and what to expect.

Be prepared to engage in an interactive process with candidates who test positive due to prescribed medications. The ADA may require reasonable accommodations in these situations, and a blanket exclusion could violate the law.

Finally, regularly review and update your testing policies to ensure they remain compliant with changing laws. The legal landscape around drug testing—particularly regarding marijuana—continues to evolve rapidly. What was compliant last year might not be today.

Pre-Employment Drug Testing Laws by State

Now that we’ve covered the general guidelines for pre-employment drug testing, let’s examine the specific laws in each state. Our employment drug testing state-by-state breakdown will help employers understand the particular requirements they must follow in their jurisdiction.

Alabama

Alabama allows pre-employment drug testing under specific conditions, offering workers’ compensation premium discounts of up to 5% for employers who implement a drug-free workplace program. The state requires written policies and specific testing procedures that must be conducted by certified laboratories.

• Applies to all employers.
• Testing allowed after a conditional job offer and notice.
• Marijuana: Only medical marijuana is legal.

Alaska

Alaska has flexible drug testing laws with minimal restrictions on employers. The state’s voluntary drug-free workplace program was one of the earliest in the nation. Established in 1999, it doesn’t impose any specific restrictions on when or how often testing can occur.

• Applies to all employers.
• No restrictions on testing.
• Marijuana: Both medical and recreational marijuana are legal.

Arizona

Arizona permits drug testing as long as employers provide proper notice to job applicants. The state’s Drug Testing of Employees Act protects employers from litigation if they comply with the statutory requirements. This includes maintaining a written testing policy and using state-certified laboratories.

• Applies to private employers and school districts.
• Testing allowed after informing the applicant.
• Marijuana: Both medical and recreational marijuana are legal.

Arkansas

Arkansas follows federal regulations for drug testing with few state-specific requirements. The state requires employers to use SAMHSA-certified laboratories for testing and allows employers to receive a 5% workers’ compensation premium discount for maintaining a drug-free workplace.

• Applies to all employers.
• Federal regulations govern testing.
• Marijuana: Only medical marijuana is legal.

California

California has implemented specific rules for drug testing, including recent changes regarding cannabis use. Under AB 2188, which took effect in January 2024, employers cannot test for non-psychoactive cannabis metabolites, focusing instead on actual impairment testing that measures psychoactive THC compounds.

• Applies to state agencies and certain roles.
• Cannot discriminate based on off-site cannabis use.
• Marijuana: Both medical and recreational marijuana are legal.

Colorado

Colorado follows federal guidelines for drug testing with no specific state laws governing the practice. Despite being one of the first states to legalize recreational marijuana, Colorado’s courts have consistently upheld the employer’s right to maintain a drug-free workplace. This includes a landmark case where the state Supreme Court ruled employers can fire employees for off-duty marijuana use.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

Connecticut

Connecticut requires employers to provide proper notice before conducting drug tests. The state prohibits random drug testing except for safety-sensitive positions and requires employers to have a reasonable suspicion of drug use before testing current employees.

• Applies to private sector employees.
• Testing allowed after notice.
• Marijuana: Both medical and recreational marijuana are legal.

Delaware

Delaware has limited drug testing rules that primarily affect public schools and corrections. The state’s Medical Marijuana Act explicitly states that employers don’t have to accommodate the use of medical marijuana in the workplace. As such, employers have a fair amount of discretion in the state’s drug testing policies.

• Applies to public schools and corrections.
• Testing required for security positions.
• Marijuana: Both medical and recreational marijuana are legal.

District of Columbia

The District of Columbia allows testing after a job offer has been extended, with special considerations for marijuana. DC’s marijuana laws prohibit employers from testing prospective employees for marijuana before making a conditional offer of employment. This regulation is meant to protect job applicants during initial screening phases.

• Applies to all employers.
• Testing allowed after a job offer for marijuana.
• Marijuana: Both medical and recreational marijuana are legal.

Florida

Florida requires employers to provide notice before conducting drug tests and maintains one of the most comprehensive drug-free workplace programs in the country. Employers who implement a qualified program can receive workers’ compensation premium discounts between 5-15% and gain additional legal protections.

• Applies to public and private employers.
• Testing allowed after a conditional offer and notice.
• Marijuana: Only medical marijuana is legal.

Georgia

Georgia requires testing for certain higher-risk positions and offers one of the nation’s highest workers’ compensation discounts at 7.5% for drug-free workplace programs. The state mandates that employers use certified laboratories and follow specific chain-of-custody procedures to qualify for these incentives.

• Applies to public schools and state employers.
• Testing required for higher-risk positions.
• Marijuana: Marijuana is illegal except for low-THC products.

Hawaii

Hawaii allows testing with proper notice to applicants but imposes strict privacy protections for test results. The state requires employers to keep all testing information confidential and separate from personnel files, with significant penalties for unauthorized disclosure of results.

• Applies to all employers.
• Testing allowed after a conditional offer and notice.
• Marijuana: Only medical marijuana is legal.

Idaho

Idaho has flexible testing policies with minimal restrictions on employers and strictly prohibits all forms of marijuana use. The state’s Employer Alcohol and Drug-Free Workplace Act provides liability protection for employers who establish a testing program that follows specific guidelines.

• Applies to all employers.
• Testing allowed at any stage if outlined in policy.
• Marijuana: Marijuana is illegal.

Illinois

Illinois permits testing at any stage of the hiring process despite legalizing recreational marijuana. The state’s Cannabis Regulation and Tax Act explicitly protects an employer’s right to maintain a reasonable drug-free workplace policy. Likewise, it doesn’t create a legal cause of action against employers who test for cannabis.

• Applies to all employers.
• Testing allowed at any stage.
• Marijuana: Both medical and recreational marijuana are legal.

Indiana

Indiana follows federal guidelines with no specific state laws governing pre-employment drug testing. The state’s courts have historically supported employer rights to conduct drug testing, particularly for safety-sensitive positions, though no formal state program exists for workers’ compensation discounts.

• No state laws; federal rules apply.
• Marijuana: Only low-THC products are allowed.

Iowa

Iowa requires employers to provide notice before conducting drug tests and imposes detailed procedural requirements. The state mandates written policies, supervisor training, and employee education while requiring confirmation testing of all positive results through certified laboratories.

• Applies to public and private employers.
• Testing allowed after notice.
• Marijuana: Marijuana is illegal.

Kansas

Kansas requires testing for safety-sensitive roles, particularly in state government positions. The state offers workers’ compensation premium discounts for companies that implement drug-free workplace programs but requires such programs to include employee assistance components and rehabilitation options.

• Applies to state government and private employers.
• Testing allowed after a conditional offer.
• Marijuana: Marijuana is illegal except for zero-THC products.

Kentucky

Kentucky follows federal regulations for drug testing and recently implemented a voluntary drug-free workplace program. The state offers workers’ compensation discounts for program participants but imposes few additional requirements beyond federal standards.

• Applies to private and public employers.
• Federal regulations govern testing.
• Marijuana: Only medical marijuana is legal.

Louisiana

Louisiana allows testing as long as employers maintain clear policies and provides legal protections for employers who follow state guidelines. Uniquely, Louisiana requires employers to give employees who test positive an opportunity to have their sample retested at their own expense.

• Applies to all employers.
• Testing allowed at any stage if policy is clear.
• Marijuana: Only medical marijuana is legal.

Maine

Maine requires notice before testing and has some of the most employee-friendly testing laws in the country. The state prohibits employers from taking adverse action against employees or applicants solely based on marijuana use outside the workplace. However, note that this law does not apply to certain safety-sensitive positions.

• Applies to all employers.
• Testing allowed after notice.
• Marijuana: Both medical and recreational marijuana are legal.

Maryland

Maryland requires employers to register their testing programs with the state’s Department of Health before conducting any drug or alcohol testing. The state balances employer flexibility with procedural safeguards, requiring confirmation of positive test results and adherence to specific protocols.

• Applies to all employers.
• Testing allowed at any stage if registered.
• Marijuana: Both medical and recreational marijuana are legal.

Massachusetts

Massachusetts follows federal guidelines with no specific state laws governing pre-employment drug testing but does recognize disability discrimination protections for medical marijuana users. The state’s highest court ruled in 2017 that employers must accommodate off-duty medical marijuana use in certain circumstances.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

Michigan

Michigan follows federal guidelines for drug testing but has established case law protecting employees who legally use marijuana under the state’s Medical Marihuana Act. Court decisions have created limitations on employer actions against registered medical marijuana users for positive drug tests when the use occurred outside work hours.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

Minnesota

Minnesota requires notice before testing and has implemented comprehensive procedural requirements for employers. The state recently legalized recreational marijuana and introduced protections for lawful consumable products used off-hours, potentially affecting how employers can respond to positive marijuana tests.

• Applies to public and private employers.
• Testing allowed after a conditional offer and notice.
• Marijuana: Both medical and recreational marijuana are legal.

Mississippi

Mississippi allows testing with proper notice to applicants and provides immunity from legal action for employers who follow state guidelines. The state’s drug-free workplace program offers workers’ compensation premium reductions and establishes specific protocols for testing procedures.

• Applies to all employers.
• Testing allowed at any stage if policy is clear.
• Marijuana: Only medical marijuana is legal.

Missouri

Missouri follows federal guidelines without additional state restrictions and recently passed a law protecting employers in safety-sensitive industries. The state’s 2022 marijuana legalization amendment specifically states that employers are not required to permit or accommodate marijuana use in the workplace.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

Montana

Montana allows testing for certain industries, particularly those with safety-sensitive roles, while providing significant procedural protections for employees. The state requires written policies and employee education programs, with mandatory rehabilitation opportunities before termination for first-time positive tests.

• Applies to public and private employers.
• Testing allowed for safety-sensitive roles.
• Marijuana: Both medical and recreational marijuana are legal.

Nebraska

Nebraska follows federal guidelines with minimal state-specific requirements and maintains some of the strictest marijuana prohibitions in the country. The state’s courts have repeatedly upheld employer rights to maintain drug-free workplace policies despite legislative attempts to introduce medical marijuana programs.

• No state laws; federal rules apply.
• Marijuana: Marijuana is illegal.

Nevada

Nevada allows testing for state agencies and has implemented unique protections for marijuana users. The state prohibits employers from refusing to hire a prospective employee because of a positive marijuana test. There are exceptions, however, for safety-sensitive positions and roles governed by federal regulations.

• Applies to state agencies.
• Testing allowed for public safety roles.
• Marijuana: Both medical and recreational marijuana are legal.

New Hampshire

New Hampshire follows federal guidelines without imposing additional state requirements but has established legal precedents for privacy protections. The state’s courts have recognized that drug testing may implicate privacy interests under the state constitution, potentially limiting employer testing practices.

• No state laws; federal rules apply.
• Marijuana: Only medical marijuana is legal.

New Jersey

New Jersey allows testing as long as employers maintain clear policies and prohibits adverse employment actions based solely on positive marijuana tests. The state requires employers to conduct physical evaluations by certified Workplace Impairment Recognition Experts when determining current impairment.

• Applies to all employers.
• Testing allowed at any stage if policy is clear.
• Marijuana: Both medical and recreational marijuana are legal.

New Mexico

New Mexico follows federal guidelines for drug testing without additional state requirements but has established limitations on employer actions against marijuana users. Recent legislation protects employees from adverse employment actions based solely on off-duty marijuana use or positive marijuana drug tests.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

New York

New York follows federal guidelines for most drug testing but has implemented significant marijuana-specific protections. The state prohibits employers from discriminating against employees based on cannabis use outside of work hours, with exceptions for safety-sensitive positions and federally regulated roles.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

North Carolina

North Carolina allows testing as long as employers maintain clear policies, with minimal state restrictions on drug testing procedures. The state lacks a formal drug-free workplace program but generally supports employer discretion in establishing and enforcing testing protocols as part of employment policies.

• Applies to all employers.
• Testing allowed at any stage if policy is clear.
• Marijuana: Marijuana is illegal.

North Dakota

North Dakota follows federal guidelines without imposing additional state requirements but provides specific protections for medical marijuana users. The state’s Medical Marijuana Act includes anti-discrimination provisions that prevent employers from taking action against individuals solely for their status as medical marijuana cardholders.

• No state laws; federal rules apply.
• Marijuana: Only medical marijuana is legal.

Ohio

Ohio requires notice before testing and offers attractive workers’ compensation discounts of up to 7% for employers with drug-free workplace programs. The state’s program includes detailed requirements for testing procedures, employee education, and supervisor training to qualify for premium reductions.

• Applies to all employers.
• Testing allowed after notice with a job offer.
• Marijuana: Only medical marijuana is legal.

Oklahoma

Oklahoma requires notice before conducting drug tests and has established the Standards for Workplace Drug and Alcohol Testing Act. This comprehensive law sets forth detailed requirements for employer policies, testing procedures, and employee rights, including provisions for challenging test results.

• Applies to public and private employers.
• Testing allowed after a conditional offer and notice.
• Marijuana: Only medical marijuana is legal.

Oregon

Oregon allows testing based on reasonable suspicion, with limitations on pre-employment testing for marijuana. The state was one of the first to limit employer actions based on off-duty marijuana use. This established precedent for many later state laws protecting cannabis users in employment contexts.

• Applies to all employers.
• Testing allowed if there is reasonable suspicion.
• Marijuana: Both medical and recreational marijuana are legal.

Pennsylvania

Pennsylvania follows federal guidelines without additional state requirements but includes medical marijuana user protections. The state’s Medical Marijuana Act prohibits employers from discriminating against employees just on the basis of their status as certified medical marijuana users. Note, however, that exceptions exist for safety-sensitive positions.

• No state laws; federal rules apply.
• Marijuana: Only medical marijuana is legal.

Rhode Island

Rhode Island allows testing after extending a conditional job offer and provides comprehensive protections for medical marijuana patients. The state’s courts have established that employers cannot refuse to hire qualified individuals solely because they use medical marijuana outside the workplace.

• Applies to public and private employers.
• Testing allowed after a conditional offer.
• Marijuana: Only medical marijuana is legal.

South Carolina

South Carolina allows testing as long as employers maintain clear policies and offers workers’ compensation premium discounts. The state program requires written policies, supervisor training, and employee education to qualify for discounts ranging from 5-15% depending on implementation quality.

• Applies to all employers.
• Testing allowed at any stage if policy is clear.
• Marijuana: Marijuana is illegal.

South Dakota

South Dakota requires testing for safety-sensitive roles in state government and has experienced significant legal battles over marijuana legalization. The state’s voters approved both medical and recreational marijuana initiatives, though the recreational measure faced legal challenges before implementation.

• Applies to state government.
• Testing allowed after a conditional offer.
• Marijuana: Both medical and recreational marijuana are legal.

Tennessee

Tennessee allows testing for certain roles and offers significant workers’ compensation premium reductions of up to 15% for qualifying drug-free workplace programs. The state requires employers to provide detailed written policies and employee education to qualify for these incentives.

• Applies to state corrections.
• Testing allowed at any stage if policy is clear.
• Marijuana: Marijuana is illegal.

Texas

Texas follows federal guidelines without imposing additional state requirements and maintains strict marijuana prohibition. The state has one of the least permissive cannabis policies nationwide, with limited low-THC medical access and continued criminal penalties for marijuana possession.

• No state laws; federal rules apply.
• Marijuana: Marijuana is illegal.

Utah

Utah allows testing with proper notice to applicants and has specific requirements for employer testing programs. The state provides immunity from liability for employers who follow state guidelines, including using certified laboratories and maintaining confidentiality of test results.

• Applies to private employers and local governments.
• Testing allowed after notice.
• Marijuana: Only medical marijuana is legal.

Vermont

Vermont requires notice before testing and only allows testing after extending a conditional job offer, with some of the most restrictive drug testing laws. The state prohibits random drug testing except in very limited circumstances and requires reasonable suspicion for testing current employees.

• Applies to all employers.
• Testing allowed after notice and a conditional offer.
• Marijuana: Both medical and recreational marijuana are legal.

Virginia

Virginia follows federal guidelines without additional state requirements but recently legalized marijuana for both medical and recreational use. The state’s legalization law does not prevent employers from restricting marijuana use by employees or testing for marijuana as a condition of employment.

• No state laws; federal rules apply.
• Marijuana: Both medical and recreational marijuana are legal.

Washington

Washington allows testing with proper notice and became one of the first states to significantly restrict drug testing for marijuana. As of January 2024, under SB 5123, employers can no longer test for non-psychoactive cannabis metabolites. Instead, they must use tests that detect current impairment rather than past use.

• Applies to private employers seeking workers’ compensation discounts.
• Testing allowed after notice and a conditional offer.
• Marijuana: Both medical and recreational marijuana are legal.

West Virginia

West Virginia follows federal guidelines without imposing additional state requirements but has established a medical marijuana program. The state’s Medical Cannabis Act does not require employers to accommodate medical marijuana use in the workplace or restrict drug testing programs.

• No state laws; federal rules apply.
• Marijuana: Only medical marijuana is legal.

Wisconsin

Wisconsin follows federal guidelines for drug testing without additional state requirements and maintains strict marijuana prohibition. The state has resisted both medical and recreational marijuana legalization despite neighboring states adopting more permissive policies.

• No state laws; federal rules apply.
• Marijuana: Marijuana is illegal.

Wyoming

Wyoming follows federal guidelines without imposing state-specific requirements and maintains some of the strictest marijuana laws nationally. The state offers potential workers’ compensation premium discounts for employers who implement drug-free workplace programs that follow federal guidelines.

• No state laws; federal rules apply.
• Marijuana: Marijuana is illegal.

Mosey Makes Multi-State Compliance Easy

Yes, this is a lot to take in. Especially for employers who already have enough on their plates just trying to steer the ship. However, as you know, compliance isn’t the sort of thing you can just sweep under the rug. In fact, ignoring it—or just not giving it the appropriate amount of attention and importance—could very well be a doomsday scenario for your business. Maybe not today or tomorrow, but at some point, compliance issues will catch up to you.

But that’s why Mosey exists—to take the sting out of compliance and make your life immeasurably easier. Worried about staying on top of evolving labor laws across multiple states? Keeping an updated, accurate, timely, and useful employee handbook? Or maybe just streamlining the massive volume of compliance communication you receive? Mosey has your back with a platform that automates those critical but time-consuming compliance tasks.

Want to find out more? Then schedule a demo today and see what a difference a partner and platform like Mosey can make.

Read more from Mosey:

• North Carolina Labor Laws: Compliance Guide 2025
• Employee Offboarding Checklist: The Employer’s Guide
• Digital Mailroom and Compliance: The Mosey Mailroom Advantage
• New York Workers’ Compensation: The Complete Compliance Guide
• Compliance Risk: The Consequences of Business Non-Compliance
• Indiana Labor Laws: Compliance Guide 2025