Workplace Drug Testing Laws in Wisconsin

The state of Wisconsin is not one of the many states with lengthy drug testing statutes or in-depth regulations. Instead, as an "open" drug testing law state, Wisconsin does not impose many restrictions on employers who wish to complete drug testing for applicant and employee purposes. Private employers are not mandated to have a drug testing policy; however, state employers of safety-sensitive positions, such as the Wisconsin Department of Transportation (WIDOT), are required to complete testing under state law.

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Wisconsin Drug Testing Compliance

Wisconsin Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana The recreational consumption of marijuana is illegal under current state law, so there are no workplace drug testing laws in Wisconsin that prevent an employer from screening for marijuana during employee and applicant drug testing.
Medical Marijuana As with recreational use, Wisconsin law currently does not permit the adult medical use of marijuana, so there are no restrictions for employers who wish to conduct marijuana-involved employee drug screenings.
Instant or POCT Testing The state of Wisconsin enforces no drug testing legislation that prevents an employer from using instant or POCT devices for employee drug testing purposes.
Random Testing Currently, there are no Wisconsin drug testing compliance laws in place that restrict an employer from conducting random drug testing for workplace purposes.
Specimens Tested With no Wisconsin employment drug screening laws in place, there are no specific restrictions that state which specimen types can and cannot be used for employee and applicant drug testing purposes.
Workers Comp There are no employee drug testing laws in Wisconsin that prevent an employer from conducting drug and alcohol testing for workers' comp purposes. Under Wisconsin Statute 102.58(2), if an employee violates an employer's workplace drug and alcohol use policy and is injured, no compensation benefits will be paid out.
Substances Screened There is no drug testing legislation in the state of Wisconsin that specifies what substances can and cannot be screened for during employee and applicant drug testing. At a minimum, a 5-panel drug test is always recommended to screen for marijuana, cocaine, opiates, phen­cyclidine (PCP), and amphet­amines.
Laboratories There are no Wisconsin drug testing compliance laws that outline specific requirements for drug testing laboratories, but a SAMHSA-certified lab is always highly recommended.
Testing for Alcohol There are no employee drug testing laws in the state of Wisconsin that prevent an employer from conducting alcohol testing for workplace purposes.

Other Services We Provide in Wisconsin

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

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


"Workplace Drug Testing in Wisconsin." NOLO,
"102.58 Decreased compensation." Wisconsin Legislature,