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California drug testing laws for employers

California has no general drug testing statute for private employers, but state law limits how marijuana results are used. Most employers with 5 or more workers cannot act on a test that finds only non-psychoactive cannabis metabolites, and cannot ask applicants about past cannabis use. San Francisco bans random testing and allows employee tests only for suspected impairment in safety jobs.

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The state law

We found no general state statute that sets drug testing rules for private employers (no statute found).
The state cannabis rules in Gov. Code 12954 apply to employers with 5 or more employees (CRD Cannabis Use FAQ, Q8).
San Francisco has its own testing limits for employers located or doing business in the city (S.F. Labor and Employment Code 51.2, 51.5).

Testing applicants

You may still require all job applicants to take a drug test (CRD Cannabis Use FAQ, Q5).
You may not refuse to hire someone because a drug test found only non-psychoactive cannabis metabolites, which show past use, not current impairment (Cal. Gov. Code 12954(a)(1)).
A scientifically valid test that shows psychoactive THC, or a test that does not screen for non-psychoactive metabolites, may still be used (Cal. Gov. Code 12954(a)(1); CRD Cannabis Use FAQ, Q4).
You may not ask job applicants about their past cannabis use (Cal. Gov. Code 12954(b)).
These cannabis rules do not apply to jobs that need a federal background investigation or security clearance (Cal. Gov. Code 12954(f)).
State or federal laws that require drug testing, such as DOT rules, still apply in full (Cal. Gov. Code 12954(e)).

Random testing

We found no state statute that limits random testing by private employers (no statute found).
In San Francisco, employers may not request, require or conduct random or company-wide blood or urine tests (S.F. Labor and Employment Code 51.5).
In San Francisco, you may test a specific employee only if you have reasonable grounds to believe they are impaired on the job and their impairment would be a clear and present danger to anyone's physical safety (S.F. Labor and Employment Code 51.5(a)-(b)).
In San Francisco, you must also pay for the employee to have the sample tested by an independent state-licensed lab and give them a fair chance to explain the result (S.F. Labor and Employment Code 51.5(c)).
San Francisco's rule used to be Police Code Article 33A and was moved to Labor and Employment Code Article 51 in January 2024 (S.F. Labor and Employment Code Art. 51, editor's note).
San Francisco's rule does not stop testing that federal or state law requires (S.F. Labor and Employment Code 51.10).

Marijuana (recreational)

You may not fire, discipline or refuse to hire someone for using cannabis off the job and away from work (Cal. Gov. Code 12954(a)(1)).
You may not act on a test of a current employee that finds only non-psychoactive cannabis metabolites (Cal. Gov. Code 12954(a)(1); CRD Cannabis Use FAQ, Q7).
Employees in the building and construction trades are not covered by these protections (Cal. Gov. Code 12954(a)(2)).
You may still ban cannabis possession, use and impairment at work and keep a drug- and alcohol-free workplace (Cal. Gov. Code 12954(d); Cal. Health and Safety Code 11362.45(f)).
You do not have to accommodate medical cannabis use at work or during work hours (Cal. Health and Safety Code 11362.785(a)).

Also good to know

San Francisco requires every employer located in the city to adopt a drug-free workplace policy that at least shares educational information about drug use and where to get help (S.F. Labor and Employment Code 52.4).
A San Francisco worker can sue for damages, attorney's fees and an injunction over a violation of the city testing rules (S.F. Labor and Employment Code 51.8).
Businesses that get a state contract or grant must certify a drug-free workplace: a written policy statement, a drug awareness program, and each employee's written agreement to follow the policy (Cal. Gov. Code 8355).

Common questions

Is drug testing legal for employers in California?

Can employers in California test applicants before hiring?

You may still require all job applicants to take a drug test (CRD Cannabis Use FAQ, Q5).

Is random drug testing allowed in California?

We found no state statute that limits random testing by private employers (no statute found).

Can a California employer act on a positive marijuana test?

You may not fire, discipline or refuse to hire someone for using cannabis off the job and away from work (Cal. Gov. Code 12954(a)(1)).

Some rules for California 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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