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Hawaii drug testing laws for employers
Hawaii has a mandatory testing procedure law (HRS 329B) that covers any employer that asks someone to take a drug or alcohol test. It sets lab, notice, on-site screen and confidentiality rules, and a test that does not follow them is invalid. Medical cannabis is legal; we found no adult-use law.
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The state law
- No employer may require, request or suggest a test that does not meet every HRS 329B requirement, except under DOT or other federal testing rules (HRS 329B-3).
- The employer pays all testing costs, including confirmation tests (HRS 329B-3).
- Before collection, the person must get a written list of the substances tested for and a note that over-the-counter or prescribed drugs may cause a positive (HRS 329B-5(a)).
- The lab may not test for any substance not on that written list (HRS 329B-5(c)).
- Tests done in Hawaii must use a lab licensed by the Department of Health, or a SAMHSA-certified lab approved by the director (HRS 329B-4(a)).
- Samples sent out of state must go to a SAMHSA-certified lab approved by the director (HRS 329B-4(b)).
- A positive result means a confirmed lab result at or above state cutoffs, and the employer appoints a medical review officer to review results (HRS 329B-2).
- Test information is strictly confidential and may be released only with the person's written consent, except as the law allows (HRS 329B-6(c)).
- If any required procedure is not followed, the test result is invalid and may not be used for any purpose (HRS 329B-6(d)).
- A willful violation carries a fine of $1,000 to $10,000 per violation, paid to the person harmed (HRS 329B-7(a)).
Testing applicants
- The HRS 329B rules apply to applicants too, including the written list of substances before collection (HRS 329B-3, 329B-5(a)).
- A positive on-site screen cannot be used to deny a job unless the person reports to a licensed lab within 4 hours for a full test, at the employer's cost (HRS 329B-5.5(2)-(3)).
- You may act against an applicant who refuses or fails to report for the lab test only if you gave the written notice the law requires (HRS 329B-5.5(3)).
- We found no Hawaii law that requires a job offer before an applicant test (no statute found).
Random testing
- We found no Hawaii law that limits random testing by private employers (no statute found).
- Random tests must still follow every HRS 329B procedure (HRS 329B-3).
Marijuana (medical only)
- The medical cannabis law does not authorize medical use in the workplace (HRS 329-122(e)(2)(B)).
- Hawaii's medical cannabis patient protections cover schools, landlords, medical care and child custody, not employment (HRS 329-125.5).
- We found no Hawaii law that protects off-duty cannabis use or bars marijuana testing (no statute found).
Also good to know
- On-site screens must follow the package insert and be given by an operator trained by the manufacturer (HRS 329B-5.5(1), (4)).
Common questions
Is drug testing legal for employers in Hawaii?
Hawaii has a mandatory testing procedure law (HRS 329B) that covers any employer that asks someone to take a drug or alcohol test. It sets lab, notice, on-site screen and confidentiality rules, and a test that does not follow them is invalid. Medical cannabis is legal; we found no adult-use law.
Can employers in Hawaii test applicants before hiring?
The HRS 329B rules apply to applicants too, including the written list of substances before collection (HRS 329B-3, 329B-5(a)).
Is random drug testing allowed in Hawaii?
We found no Hawaii law that limits random testing by private employers (no statute found).
Can a Hawaii employer act on a positive marijuana test?
The medical cannabis law does not authorize medical use in the workplace (HRS 329-122(e)(2)(B)).
Some rules for Hawaii weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- HRS 329B-2 (official)
- HRS 329B-3 (official)
- HRS 329B-4 (official)
- HRS 329B-5 (official)
- HRS 329B-5.5 (official)
- HRS 329B-6 (official)
- HRS 329B-7 (official)
- HRS 329-122 (official)
- HRS 329-125.5 (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.