Workplace Drug Testing Laws in Kansas

The state of Kansas is an "open" drug testing law state, meaning there are few testing restrictions for employees and applicants. However, to avoid the risk of penalty and legal repercussions, Kansas employers must comply with state legislation when conducting employee and applicant drug testing. Kansas employers should always refer to current legislation to ensure complete compliance.

For example, for employers who wish to conduct drug testing for job application purposes, the Kansas Human Rights Commission requires that a conditional job offer is presented to the applicant before requesting a drug screening. Furthermore, for state employers who hire for safety-sensitive positions such as law enforcement, workplace drug testing laws in Kansas require applicants to undergo mandatory drug testing for hiring purposes.

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Kansas Drug Testing Compliance

Kansas Drug Testing Laws Without Restrictions

Drug Test Issue Remarks
Recreational Marijuana As of 2021, the state of Kansas prohibits the use of recreational marijuana. With no level of marijuana legalization in place, Kansas employers are permitted to screen applicants and employees for the use of marijuana.
Medical Marijuana As with the use of recreational marijuana, the state of Kansas also prohibits the use of medical marijuana. With no legislation surrounding the use of medical marijuana, Kansas employers are free to test employees and applicants for the use of marijuana.
Random Testing Under current Kansas drug testing legislation, there are no laws that prohibit employers from conducting random drug screenings.
Specimens Tested Current Kansas drug testing compliance law mentions the approved collection of urine, blood, or saliva and does not outline any specific specimens that cannot be collected for drug testing purposes.
Workers Comp Under workplace drug testing laws in Kansas, employers are allowed to request an employee drug test for purposes of workers' compensation incidents. Positive drug test results can be used as admissible evidence for the denial of workers' compensation.
Testing for Alcohol & Substances Currently, there are no workplace drug testing laws in Kansas that prohibit employers from screening employees for use of alcohol or any drugs.

Kansas Drug Testing Laws With Restrictions

Drug Test Issue Remarks
Instant or POCT Testing Workplace drug testing laws in Kansas state that it is unlawful to conduct drug tests unless performed in a state-approved laboratory, which prevents employers from using on-site instant or POCT drug testing in the workplace.
Laboratories Kansas drug testing legislation requires laboratories to be certified by the U.S. Department of Health's Substance Abuse and Mental Health Services Administration.

Other Services We Provide in Kansas

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

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

Citations

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"Equal Employment Practices: Preventing Discrimination in Hiring." Kansas Human Rights Commission, http://www.khrc.net/hiring.html
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"44-501." Kansas Office of Revisor of Statutes, https://www.ksrevisor.org/statutes/chapters/ch44/044_005_0001.html
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"Article 7. - EMPLOYMENT SECURITY LAW." Kansas Legislature, http://www.kslegislature.org/li/b2021_22/statute/044_000_0000_chapter/044_007_0000_article/044_007_0006_section/044_007_0006_k/
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"65-1,108. Unlawful to perform certain tests unless performed in approved laboratory; penalty for violation; exclusions." Kansas Legislature, http://www.kslegislature.org/li_2012/b2011_12/statute/065_000_0000_chapter/065_001_0000_article/065_001_0108_section/065_001_0108_k/
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Drug testing laws: Kansas - Spencer Fane LLP. (n.d.-t). https://www.spencerfane.com/wp-content/uploads/2017/06/Kansas-Drug-Testing-Laws.pdf