California Drug Testing Law
California does not have a statute that specifically regulates drug testing in the private sector. However, there is case law that affects who can be tested and under what circumstances. Additionally, San Francisco has an ordinance that restricts drug testing. Employers should consider legal decisions related to drug testing prior to establishing a drug-free workplace program that includes any type of drug testing. Note: This is only a summary and does not include specifics.
Law types(s)
Case law, laboratory licensing law, city ordinance, industry specific law, unemployment compensation law, and workers’ compensation law.
Legal status of cannabis
Medical and recreational cannabis are legal.
Legal status of instant/POCT/rapid testing
Instant testing is severely restricted.
Permitted drug testing specimens
Not mentioned.
Permitted testing circumstances
Pre-employment, reasonable suspicion testing are permitted. Random testing is severely restricted.
Employers must comply with the entirety of the laboratory licensing law and due to the litigious nature of California, it is recommended that employers comply with all case law. Employers in San Francisco must comply with the city ordinance.
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This information is provided for educational use only and does not give full details on California’s state drug testing laws . Employers wishing to drug test in California should consult applicable laws in their entirety prior to creating a drug-free workplace program. Reader retains full responsibility for the use of the information contained herein.
