Texas Drug Testing Laws and Regulations



Statute of Order

Currently Not Available

Covered Employers

Currently Not Available

Applicant Testing

Currently Not Available

Employee Testing

Currently Not Available

Conditions & Methods

Currently Not Available

Important Bulletpoints

Nevertheless, for employers seeking to adopt a policy for the elimination of drug abuse must abide by the provisions of the rule on Required Elements of a Drug Abuse Policy.

Motor carrier registration in the State of Texas requires for a certification that motor carriers are in compliance with the drug testing requirements of the State. Reportorial requirements for any confirmed positive tests from holders of commercial driver’s licenses are also in effect as per Department of Public Safety rules.

Employers are allowed, as per provisions under the Texas Labor Code dealing with the chapter on Employment Discrimination, to practice a policy prohibiting the employment of persons who currently uses or possesses a controlled substance.

Falsification of a drug test is an offense in Texas with the person committing the act of using substances or devices to falsify drug tests guilty of a Class B misdemeanor and those aiding or delivering substances intended to falsify the test for drugs guilty of a Class A misdemeanor.

Any employee claims for workers’ compensation insurance coverage may be denied for employee injuries in which the cause is due mainly to the employee being in a state of intoxication.

Medical Marijuana Law

The state of Texas has no law that legitimizes the use and possession of medical marijuana. However, SB 339 was signed into law by Governor Greg Abbot. Called Texas Compassionate Use Act, the law allows some qualified patients to use and possess low-THC cannabis, and marijuana with a 10% or more cannabidiol (CBD) and up to 0.5% tetrahydrocannabinol (THC). The law stipulates that dispensing organizations or regulated businesses, are allowed to process, cultivate and distribute low-THC cannabis to qualified patients. The law mandates that all participating, qualified medical doctors are to register and include information such as recommended dosage, means of administration, and the quantity of low-THC cannabis prescribed to the patient. If the prescription is issued to the patient, this includes delivery to the patient by the marijuana establishment.

Qualifying Medical Conditions

• Intractable epilepsy


• Only patients prescribed to take low-THC cannabis by a registered physician under particular conditions are qualified.

• The patient should be diagnosed with intractable epilepsy.

• The patient must be a permanent resident of Texas.

• The patient must have undergone at least two approved treatments by the US FDA but did not improve.

• There is no other FDA-approved treatment available for the patient to try.

• A qualified patient may only possess the amount of low-THC cannabis prescribed by his physician.

Recreational Marijuana Law

The use and possession of marijuana in Texas is illegal. Since 2008, no bill has been proposed to legalize marijuana. Penalty for possession of marijuana depends on the amount of marijuana a person has, and how he intends to use it. Penalties for marijuana possession include treatment for marijuana addiction, fines and incarceration. Convicted adults are most likely to face jail time, while minors may be sent to a juvenile center.


• Possession of tetrahydrocannabinols (synthetic marijuana) may bring harsher penalties than the possession of cannabis or actual marijuana.

Effects on Workplace Drug Testing

Unlike some U.S. states, Texas legislation does not require drug testing of people employed in private businesses. This means that private employers may or may not conduct drug testing for applicants and employees. Federal laws on drug testing apply to federal grantees and contractors, as well as those employed in safety and security sensitive work.




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