Can my employer drug test me in California?

This page is general information, not legal advice. For other monitoring and searches at work, see Can my employer watch, record or search me at work?

Can my employer make me take a drug test?

Before you start a job: usually yes. Employers may require all applicants to take a drug screening test (CRD cannabis FAQ). In a case about a city employer, the California Supreme Court allowed drug testing of job applicants as part of a required pre-employment medical exam (Loder v. City of Glendale, 1997).

After you are working: it depends. In that same case, the court held that testing current employees seeking promotion, with no suspicion and no special safety reason, violated the Fourth Amendment. Testing is easier to justify when the job itself is safety sensitive. For private employers, California's constitutional right to privacy can be enforced against a business, and courts weigh your privacy against the employer's legitimate reasons (Hill v. NCAA, 1994). That means each job and each test is looked at on its own facts. Our suggestion: expect a random test to be easier for an employer to defend for a safety sensitive job, like driving a forklift, than for an office job. If you are asked to take a random test, ask an employment lawyer or the Legal Aid at Work clinic about your job.

Things that make a test more likely to be lawful:

• A written policy you were told about
• A job with real safety risks
• A specific reason, like an accident or clear signs of impairment at work

Your employer can keep a drug and alcohol free workplace. CRD says employers may keep a drug and alcohol free workplace as federal and state law requires (CRD cannabis FAQ).

What about cannabis?

Cannabis is legal for adults 21 and over in California. Since 2024, most employers may not refuse to hire you, fire you or punish you for using cannabis off the job and away from work (CRD cannabis FAQ).

The kind of test matters.

• Many common tests find non-psychoactive cannabis metabolites. These can stay in your body long after any effect is gone and do not show you were impaired. Employers generally may not punish you based on a test that shows only those metabolites.
• Tests that detect THC or other psychoactive substances are different. If the test is scientifically valid and used under the law, an employer may act on the result.

Employers cannot ask about past cannabis use. Generally, an employer may not ask a job applicant whether they have used cannabis before. Information about past cannabis use from a criminal history can be used only as the Fair Chance Act and other laws allow. See Looking for work with a record.

Who is not covered:

• Employers with four or fewer workers
• Jobs that require a federal background check or security clearance
• Current workers in the building and construction trades
• Jobs where federal or state law requires testing for controlled substances

Still not allowed at work: your employer can bar you from being impaired by, having, or using cannabis on the job.

Am I protected if I am in recovery?

Yes, in important ways.

• Federal law protects people who completed a supervised drug rehab program and no longer use, people now in a supervised program who are not using, and people wrongly thought to be using (42 U.S.C. 12114). Employers may still test to make sure people in these groups are not using.
• Past addiction is protected; current illegal drug use is not. A person who is currently using illegal drugs is not protected under the federal disability law for that use.
• Rehab time. A private employer with 25 or more workers must reasonably accommodate a worker who wants to voluntarily enter and take part in an alcohol or drug rehab program, unless it causes undue hardship (Labor Code 1025). The employer may still refuse to hire or may fire someone whose current use keeps them from doing the job safely.

Looking for treatment? See Find drug or alcohol treatment as an adult in California and Safe help with drug or alcohol use.

Is a drug test a medical exam?

Not under federal disability law. A test for illegal drug use is not treated as a medical exam, and the law neither encourages nor bans testing (42 U.S.C. 12114(d)). Tell the tester or medical reviewer about prescriptions that could affect the result, and keep a copy of what you shared.

What if my job has federal testing rules?

Some jobs must test under federal law. Drivers who need a commercial driver's license follow U.S. Department of Transportation rules in 49 CFR Part 382. California's cannabis protection does not override testing that federal or state law requires (CRD cannabis FAQ). Federal jobs and some federal contractors also have their own rules.

What should I do after a test?

1. Ask for the result in writing and what it found.
2. Ask what kind of test it was. Did it detect THC itself, or only metabolites?
3. Explain prescriptions or other reasons for a positive result, in writing.
4. Ask for a retest if you think it was wrong. Your employer may not have to agree, but ask.
5. Write down the date, place, who asked you to test, and any reason given.
6. If you were turned down or fired for off duty cannabis use or a metabolite test, file with CRD within three years (CRD cannabis FAQ).

After a complaint, CRD investigates. If it finds cause, the case may go to mediation, and CRD may sue on your behalf. You need a "right to sue" notice from CRD before you can file your own lawsuit under this law. Possible remedies include getting hired or rehired, policy changes, and money for emotional distress. CRD does not ask about immigration status (CRD).

Common mistakes to avoid

• Assuming "cannabis is legal" means any test result is fine. A THC test can still be acted on, and some jobs are exempt.
• Answering questions about past cannabis use without advice, especially if you are not a citizen.
• Refusing a test without asking questions first. Ask what it is for and get advice, then decide.
• Letting the deadline pass. Three years goes fast.

Who can help?

These are public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Civil Rights Department: cannabis, disability and recovery discrimination. 800-884-1684, TTY 800-700-2320. CRD
• Legal Aid at Work Workers' Rights Clinic: free and confidential within income limits or age 60 and over. 415-864-8848; East Palo Alto line (415) 404-9093. Workers' Rights Clinic
• More options: Free help with a work problem in the Bay Area

Questions people ask

I used cannabis last weekend and my job offer depends on a test. What happens? If the test shows only non-psychoactive metabolites, most employers may not refuse to hire you for it. If it detects THC, or your job is exempt, they may. If you are not a citizen, read our cannabis and immigration page first.

My employer has only three workers. Do the cannabis rules apply? No. They do not cover employers with four or fewer workers.

Can my employer test me after an accident at work? Often yes, especially in safety sensitive jobs. If you were hurt, also see Hurt at work: workers' comp.

Can my employer fire me for going to rehab? At 25 or more workers, the employer must reasonably accommodate voluntary rehab unless it is an undue hardship. Talk to a clinic.

Is there a checklist I can print?

A test is one moment, not the whole story. Know your rights before you sit down.