Workplace Drug Testing Laws in South Carolina
When it comes to employee drug and alcohol testing, the state of South Carolina is considered an "open" drug testing state. This means that South Carolina enforces no broad legislature that controls how employers can conduct workplace testing. If a South Carolina employer does wish to implement a drug-testing program, the state mandates that the employer constructs a substance abuse policy, outlines workplace procedures, and distributes it to employees.
For South Carolina state employers who hire for safety-sensitive positions such as law enforcement, or for those that require a commercial driver's license (CDL), be sure to always refer to your specific workplace policy. These positions may require pre-employment and routine employment drug testing to comply with workplace procedures.
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South Carolina Drug Testing Compliance
South Carolina Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Under current South Carolina law, the adult recreational use of marijuana is prohibited. Therefore, there is no drug testing legislation that restricts employers from conducting marijuana screenings. |
| Medical Marijuana | As with recreational marijuana, the state of South Carolina has no legislation that permits the medical consumption of marijuana and features no restrictions around marijuana screenings for employee and applicant purposes. |
| Instant or POCT Testing | There are no workplace drug testing laws in South Carolina that prohibit an employer's use of instant or POCT devices for workplace drug testing purposes. |
| Random Testing | Under current law, there are no South Carolina drug testing compliance laws that restrict an employer from conducting random employee drug screenings. Actually, if an employer is seeking the 5% workers' compensation insurance premium discount offered by the state of South Carolina, the employer must implement a drug testing policy that conducts random testing on all employees. |
| Specimens Tested | There are no employee drug testing laws in South Carolina that specifically outline which specimen types can and cannot be used for employee drug and alcohol testing purposes. |
| Workers Comp | In the state of South Carolina, there is no drug testing legislation that restricts employers from conducting post-accident drug and alcohol testing for workers' compensation purposes. Under South Carolina Code Ann. 42-9-60, if the employee is found to be under the influence at the time of the workplace accident, compensation may be denied. |
| Substances Screened | There are no employee drug testing laws in South Carolina that specify what sort of controlled substances an employer must test for; however, it's always recommended a minimum 5-panel drug test is completed to cover the detection of marijuana, cocaine, opiates, phencyclidine, and amphetamines. |
| Laboratories | South Carolina does not enforce any drug testing legislation that specifically outlines laboratory requirements for drug and alcohol testing purposes; however, a SAMHSA-certified testing laboratory is highly recommended. |
| Testing for Alcohol | There are currently no workplace drug testing laws in South Carolina that restrain employers from conducting employee alcohol testing. |
Other Services We Provide in South Carolina
If you're looking for drug testing information related to a specific city in the state of South Carolina, try taking a look at our South Carolina clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer South Carolina Background Checks. For more information, visit our South Carolina 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.