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Arizona drug testing laws for employers

Arizona's drug testing law is voluntary: employers that follow it get strong protection from lawsuits over testing. Adult-use marijuana is legal, but employers may keep drug-free workplace policies, and registered medical marijuana patients have limited protection. Insurers may give up to a 5% workers' comp discount for a qualifying testing program.

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The state law

Following the state testing act is voluntary, and you are not liable just because your policy does not follow it (A.R.S. 23-493.08(C)).
If you follow it, you are protected from most lawsuits over good-faith actions based on a positive test or a refusal (A.R.S. 23-493.06, 23-493.07).
Your written policy must be given or made available to employees and must cover who is tested, when, for what, how, the consequences of refusing, and confidentiality (A.R.S. 23-493.04(A)).
Your policy must give employees the right to get written results and to explain a positive result in a confidential setting (A.R.S. 23-493.04(A)(8)-(9)).
If you test, your policy must include all paid employees, including officers, directors and supervisors (A.R.S. 23-493.04(D)).
Use a lab approved or certified by HHS, CAP or the Arizona health department, and confirm employee positives with a second method such as GC/MS (A.R.S. 23-493.03(4)-(5)).
You pay for employee tests and testing time counts as work time; paying for applicant tests is your choice (A.R.S. 23-493.02).
Test results are confidential, and samples may be tested only for drugs and alcohol (A.R.S. 23-493.09).
Your workers' comp insurer may cut your premium by up to 5% if you follow the policy rules, test applicants and injured employees, and let the insurer see those results (A.R.S. 23-961(H)).

Testing applicants

You must tell job applicants that they will be drug tested (A.R.S. 23-493.04(A)).
You may refuse to hire an applicant who tests positive or refuses to give a sample (A.R.S. 23-493.05).
We found no Arizona law that requires a job offer before an applicant drug test (no statute found).

Random testing

Under the testing act, you may test employees on a random or chance basis (A.R.S. 23-493.04(C)).
We found no state law that limits random testing by private employers (no statute found).

Marijuana (recreational)

The adult-use law does not stop employers from keeping a drug- and alcohol-free workplace or having policies that restrict marijuana use by employees and applicants (A.R.S. 36-2851(1)).
You do not have to allow or accommodate marijuana use or possession at work (A.R.S. 36-2851(2)).
You may not act against a registered medical marijuana patient based only on their card or a positive test, unless they used, possessed or were impaired by marijuana at work or during work hours (A.R.S. 36-2813(B)).
That medical protection does not apply if following it would cost you a monetary or licensing benefit under federal law (A.R.S. 36-2813(B)).
Under the testing act, you may remove an employee from a safety-sensitive job if you believe in good faith they are currently using a drug, even a legal or prescribed one, that could impair them (A.R.S. 23-493.06(A)(7)).

Also good to know

A worker fired for failing or refusing a drug or alcohol test given under the state testing act is treated as fired for misconduct for unemployment benefits (A.R.S. 23-619.01(B)(3)).

Common questions

Is drug testing legal for employers in Arizona?

Can employers in Arizona test applicants before hiring?

You must tell job applicants that they will be drug tested (A.R.S. 23-493.04(A)).

Is random drug testing allowed in Arizona?

Under the testing act, you may test employees on a random or chance basis (A.R.S. 23-493.04(C)).

Can a Arizona employer act on a positive marijuana test?

The adult-use law does not stop employers from keeping a drug- and alcohol-free workplace or having policies that restrict marijuana use by employees and applicants (A.R.S. 36-2851(1)).

Some rules for Arizona weren't confirmed from an official source. Check with the state before relying on this page.

Sources

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.

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