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Idaho drug testing laws for employers

Idaho's Private Employer Alcohol and Drug-Free Workplace Act is optional. If you follow it, a worker fired for a confirmed positive test or a refusal is treated as fired for misconduct and denied unemployment, and you get limits on lawsuits. Idaho has no medical marijuana program, and state construction contractors must run a drug-free workplace program that follows the act.

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The state law

The act sets voluntary testing guidelines, and following them makes a positive test misconduct that denies unemployment benefits (Idaho Code 72-1701, 72-1707).
Private employers may test employees and applicants as a condition of hiring or continued employment, as long as testing complies with the ADA (Idaho Code 72-1702).
You need a written policy that says violations may lead to firing for misconduct and lists the types of tests used, such as pre-employment, random, post-accident, and reasonable suspicion (Idaho Code 72-1705).
Drug screens must be confirmed by a lab using GC/MS or a similar method before you act on them, and positive alcohol screens need a second, more reliable confirmation test (Idaho Code 72-1704).
You must pay for testing current employees, and testing time counts as paid work time (Idaho Code 72-1703).
A person who tests positive must get written notice naming the substance and a chance to explain the result to an MRO or other qualified person (Idaho Code 72-1706).
The person may ask for a retest of the same sample at an agreed lab within 7 working days, and if it is negative you must repay the cost and restore lost pay or the job (Idaho Code 72-1706).
Test information must be kept confidential and is the employer's property (Idaho Code 72-1712).
Your workers' comp insurer may give you a premium reduction for a program that follows the act, but the amount is up to the insurer (Idaho Code 72-1716).

Testing applicants

You may test applicants as a condition of hire if testing complies with the ADA (Idaho Code 72-1702).
An unemployed person who turns down suitable work because it requires a pre-employment test is treated as refusing suitable work, unless they would have to pay for a negative test (Idaho Code 72-1709).

Random testing

We found no state law that limits random testing, and the act lets you list random testing in your written policy (Idaho Code 72-1705).

Marijuana (none)

We found no Idaho law allowing medical or adult-use marijuana or CBD with THC, and no law protecting workers who use marijuana (no statute found).
Under the act, you may discipline, fire, or refuse to hire based on a confirmed positive test that violates your written policy (Idaho Code 72-1708).

Also good to know

To get a state construction contract, a contractor must run a drug-free workplace program that follows the act for all employees, including temps, use only subcontractors who do the same, and file an affidavit with the bid (Idaho Code 72-1717).
If you follow the act, firing based on a confirmed positive test, a refusal, or a tampered or substituted sample counts as misconduct for unemployment (Idaho Code 72-1707, 72-1708).
A worker gets no workers' comp income benefits if intoxication from alcohol or non-prescribed controlled substances was a reasonable and substantial cause of the injury (Idaho Code 72-208).

Common questions

Is drug testing legal for employers in Idaho?

Can employers in Idaho test applicants before hiring?

You may test applicants as a condition of hire if testing complies with the ADA (Idaho Code 72-1702).

Is random drug testing allowed in Idaho?

We found no state law that limits random testing, and the act lets you list random testing in your written policy (Idaho Code 72-1705).

Can a Idaho employer act on a positive marijuana test?

We found no Idaho law allowing medical or adult-use marijuana or CBD with THC, and no law protecting workers who use marijuana (no statute found).

Some rules for Idaho 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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