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Alaska drug testing laws for employers
Alaska's drug testing law is voluntary: employers that adopt a written policy and follow the act's steps get protection from lawsuits. Adult-use marijuana is legal, but employers may keep policies that restrict employee use. We found no Alaska law that bans applicant marijuana tests or random testing.
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The state law
- Following the state testing act is voluntary (AS 23.10.615).
- If you follow it, you are protected from most lawsuits over good-faith actions based on a positive test (AS 23.10.600).
- You must adopt a written policy, share it with employees, and wait at least 30 days after notice before testing starts (AS 23.10.620(a), (e)).
- The policy must say who is tested, when, for what, how, the consequences of refusing, and how results are kept confidential (AS 23.10.620(b)).
- Employees have the right to their written results within 5 working days of a written request, and to explain a positive in private within 72 hours of asking (AS 23.10.620(b)(8)-(9)).
- Use a SAMHSA- or CAP-approved lab, confirm positives by GC/MS, and have a licensed physician review them and contact the employee within 48 hours (AS 23.10.640(c)-(d)).
- You pay the full cost of employee and applicant tests (AS 23.10.630(d)).
- At least one designated employee needs 60 minutes of alcohol training and 60 minutes of drug training to judge reasonable suspicion (AS 23.10.650(a)).
- On-site tests must use FDA-approved products run by a manufacturer-certified administrator, and you may not take permanent action on an unconfirmed screen (AS 23.10.645, 23.10.650(b)).
- Alaska has no workers' comp premium discount tied to this act (no statute found).
Testing applicants
- Under the voluntary act, you may test applicants for drugs and must tell them they will be tested (AS 23.10.620(a), 23.10.630(a)).
- Under the act, you may refuse to hire an applicant who tests positive or refuses to give a sample (AS 23.10.655).
- We found no Alaska law that requires a job offer before an applicant test (no statute found).
Random testing
- Under the voluntary act, you may test on a random basis, and random means every covered employee has an equal chance of being picked (AS 23.10.620(d), 23.10.699(8)).
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (recreational)
- The adult-use law does not require you to allow marijuana at work and does not affect your right to have policies restricting employee use (AS 17.38.220(a)).
- You may ban marijuana on property you own or control (AS 17.38.220(d)).
- You do not have to accommodate medical marijuana use in any place of employment (AS 17.37.040(d)(1)).
- We found no Alaska law that protects off-duty marijuana use or bans applicant marijuana tests (no statute found).
Also good to know
- For unemployment benefits, misconduct includes breaking your drug or alcohol policy, but only if the policy follows AS 23.10.620 (AS 23.20.379(f)(3)).
- Workers' comp is not paid for an injury caused by intoxication or by drugs that were not taken as prescribed (AS 23.30.235(2)).
Common questions
Is drug testing legal for employers in Alaska?
Alaska's drug testing law is voluntary: employers that adopt a written policy and follow the act's steps get protection from lawsuits. Adult-use marijuana is legal, but employers may keep policies that restrict employee use. We found no Alaska law that bans applicant marijuana tests or random testing.
Can employers in Alaska test applicants before hiring?
Under the voluntary act, you may test applicants for drugs and must tell them they will be tested (AS 23.10.620(a), 23.10.630(a)).
Is random drug testing allowed in Alaska?
Under the voluntary act, you may test on a random basis, and random means every covered employee has an equal chance of being picked (AS 23.10.620(d), 23.10.699(8)).
Can a Alaska employer act on a positive marijuana test?
The adult-use law does not require you to allow marijuana at work and does not affect your right to have policies restricting employee use (AS 17.38.220(a)).
Some rules for Alaska weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- AS 23.10.600 to 23.10.699 (official)
- AS 17.38 adult-use marijuana, incl. 17.38.220 (official)
- AS 17.37 medical marijuana, incl. 17.37.040 (official)
- AS 23.20.379 (official)
- AS 23.30.235 (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.