Workplace Drug Testing Laws in California
While employers may at times drug test their employees under California law, it is only allowed in specific circumstances. Pre-employment drug tests are only permitted after a conditional job offer. Generally, random drug testing is not allowed, except in narrowly defined instances. Testing following a serious workplace accident is allowed. There may also be local (city) ordinances. California employers should review any regulations for their city as well as their industry.
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California Drug Testing Compliance
California Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
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| Specimens Tested |
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Restrictions are not specified.
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Specimens may include hair, blood, urine, saliva, breathalyzer, or sweat patches.
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Conditional California Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana |
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Despite the legalization of medical and recreational marijuana, California law still allows employers to enforce drug-free workplace policies that include restrictions on marijuana use. As of January 1, 2024, California law prohibits employers from drug testing for nonpsychoactive cannabis metabolites. That means employers cannot discriminate against employees or job applicants for their off-duty cannabis use. However, employers can still conduct pre-employment drug testing, but the tests can only look for the psychoactive compounds in cannabis.
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Employers hold the right to maintain a drug-free work environment, but need to do so without discrimination.
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| Medical Marijuana |
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Workplace drug testing laws in California do not require nor prohibit drug testing for medical marijuana.
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Employees who have proof signed by a doctor of their need for medical marijuana may be covered under the Americans with Disabilities Act.
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| Substances Screened |
At a minimum, drug screening should include Amphetamines and Methamphetamines, Cocaine, Marijuana or Cannabinoids (THC), Opiates (narcotics), and Phencyclidine (PCP). |
| Testing for Alcohol | Testing for alcohol is permitted if there is reasonable suspicion the employee is under the influence, or the employee is putting himself or someone else in danger. |
California Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Testing must take place at a certified laboratory. |
| Random Testing |
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California prohibits random drug testing.
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Employers must give notice to all employees, including prospective employees, before drug testing.
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An exception to this law is for employees in public jobs and where public safety is of concern.
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| Workers Comp | If an employee was injured and had a positive drug test, for the employee to be denied workers comp, the employer must prove the employee was intoxicated during the time of the injury, and that the worker's impairment caused the injury. |
| Laboratories | Certified laboratories must be used for California drug testing compliance. |
Frequently Asked Questions
Do California state employees get drug tested?
California drug testing compliance laws do not require employers to test their employees. However, certain job positions may be required under federal law to test. These positions include those that involve public safety and national security.
What states have mandatory drug testing?
Drug testing laws vary by state and many states mandate drug testing, with differing requirements. Nebraska, Iowa, Hawaii, and North Carolina are examples of states that mandate drug testing. Other states with fewer mandates still fall under federal law.
Are random drug tests legal in California?
No. Random drug testing is not permitted in California unless public safety is a concern, and the employer must have strong evidence that the employee is a threat to the public.
Other Services We Provide in California
If you're looking for drug testing information related to a specific city in the state of California, try taking a look at our California clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer California Background Checks. For more information, visit our California background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.