Workplace Drug Testing Laws in Hawaii

In the state of Hawaii, employers are responsible for following a collection of labor laws when conducting drug and alcohol testing for workplace purposes. To avoid penalties, it's highly recommended that employers review state laws prior to conducting any sort of testing.

For example, if an employer wishes to conduct drug screenings, workplace drug testing laws in Hawaii require they first provide a written policy covering testing specifics. These details should cover what specific substances are being tested for in addition to a list of prescription medications that may induce a positive result.

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Hawaii Drug Testing Compliance

Hawaii Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana The recreational use of marijuana is prohibited under current Hawaii law, which creates no restrictions for employers who wish to screen employees and applicants for marijuana.
Medical Marijuana Although the state of Hawaii passed legislation that approved the legal use of medical marijuana in 2000, Hawaii law specifically states that authorization of medical marijuana use does not apply to the workplace. This provides employers an open opportunity to screen employees and applicants for marijuana.
Random Testing Under current workplace drug testing laws in Hawaii, there are no written restrictions that prevent an employer from conducting random drug and alcohol testing.
Workers Comp There are no Hawaii employee drug testing laws that prevent an employer from conducting a post-accident drug and alcohol test for workers' comp purposes. Under Hawaii statute §386-3, if it is discovered that the employee was intoxicated at the time of the incident, such evidence can be used for compensation denial.
Substances Screened Workplace drug testing laws in Hawaii approve the 11-panel screening of marijuana, cocaine, amphetamines, opiates, phencyclidine, barbiturates, methaqualone, benzodia­zepines, propoxyphene, methadone, and alcohol. Additional substances can be screened if approved by the Hawaii Department of Health.
Testing for Alcohol Hawaii drug testing laws permit the collection of urine and blood specimens for alcohol testing purposes.

Conditional Hawaii Drug Testing Laws

Drug Test Issue Remarks
Instant or POCT Testing Under Hawaii drug testing compliance laws, the use of on-site testing devices is permitted as long as the device has been approved by the U.S. Food and Drug Administration (FDA) and the operator has undergone training by the manufacturer. If an employee tests positive, the individual must then report within 4 hours to a licensed laboratory to undergo a second confirmation test prior to an employer using any evidence as a reason for action.

Hawaii Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Specimens Tested According to Hawaii drug testing legislation, only the collection of urine and blood is approved for drug and alcohol testing purposes. In special cases, the Hawaii State Director of Health can approve other testing specimens if required.
Laboratories Employee drug testing laws in Hawaii require that employers use drug and alcohol testing laboratories that are either certified by the Substance Abuse and Mental Health Services Administration (SAMHSA) or the Hawaii Department of Health.

Other Services We Provide in Hawaii

If you're looking for drug testing information related to a specific city in the state of Hawaii, try taking a look at our Hawaii clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.

We also offer Hawaii Background Checks. For more information, visit our Hawaii 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.


"§329-122 Medical use of cannabis; conditions of use." Hawaii State Legislature,
"Substance Abuse Testing." Hawaii State Legislature,
"Hawaii Administrative Rules Chapter 113 Substance Abuse Testing by Laboratories." Hawaii Department of Health,
"Haw. Code R. § 11-113-2." Casetext,
"§386-3 Injuries covered." Hawaii Workers Compensation Law,
"Haw. Code R. § 11-113-4 Section 11-113-4 - Substances of abuse." Casetext,