Workplace Drug Testing Laws in Texas
For private employers, Texas drug test laws do not limit their right to establish drug and alcohol testing policies for their workers. Texas laws on drug testing also give employers complete freedom to test job applicants as they see fit prior to hiring. However, there are federal laws that companies must comply with so that they are not found liable for discrimination, invasion of privacy or defamation.
Although there aren't specific Texas laws on drug testing, the Texas Workforce Commission (TWC) publishes guidelines for employers in the private sector. This includes information as to when drug testing is federally mandated, such as for U.S. Department of Transportation workers, and how to create a drug testing policy. They advise that the company's policy regarding drugs and alcohol should be provided to all workers in writing.
In the absence of pre-employment Texas drug test laws, the TWC guide advises that employers should require every candidate to sign an acknowledgment that they have seen the company's drug and alcohol testing policies prior to being hired.
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Texas Drug Testing Compliance
Texas Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Since recreational marijuana is illegal in Texas, companies are free to test their employees for marijuana use. |
| Medical Marijuana | With the passage of the Compassionate Use Act in 2015, medical marijuana is now legal in Texas. In 2021, the law expanded access to all cancer patients and those suffering from post-traumatic stress disorder. It also increases the legal limit of THC to 1%. This does not impact workplace drug testing laws in Texas. Employers are still allowed to discipline employees and refuse employment for job candidates who test positive for marijuana use, regardless of whether they have a valid medical marijuana prescription. |
| Instant or POCT Testing | There is no Texas statute that restricts an employer's right to do POCT testing. |
| Random Testing | Under Texas law, private companies can do both random and "for cause" drug testing. |
| Specimens Tested | Texas does not limit the types of specimens that can be used for drug testing purposes. |
| Substances Screened | There is no mention as to which substances can be screened for, leaving that up to the discretion of employers. |
| Laboratories | The TWC guidelines make no mention that drug testing labs must be certified by the state, but it does indicate the information that the lab should provide. |
| Testing for Alcohol | As with drugs, Texas employers are allowed to test job candidates and employees for alcohol use. |
Texas Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Workers Comp | There is currently no workers' compensation insurance premium discount program for Texas employers with a drug-free workplace. |
Frequently Asked Questions
Do Texas state employees get drug tested?
Drug testing compliance laws in Texas do not restrict drug testing for public or private employers. There are also no state laws requiring Texas state employees to take drug and alcohol tests, though federal laws may apply.
Are random drug tests legal in Texas?
Random drug testing is allowed in Texas, so long as employees have received a written copy of the company's drug testing policies. Drug tests must also be conducted properly, without violating any federal laws.
Can employers drug test employees in Texas?
Texas drug test laws allow employers to drug test their employees. This includes pre-employment screenings, "for cause" testing and post-accident testing. They must notify workers in writing about their drug testing policies.
Other Services We Provide in Texas
If you're looking for drug testing information related to a specific city in the state of Texas, try taking a look at our Texas clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Texas Background Checks. For more information, visit our Texas 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.