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Indiana drug testing laws for employers

Indiana has no general law that controls how private employers drug test, and marijuana is not legal for medical or adult use. Only low-THC hemp extract (CBD) is legal. Contractors on larger public works jobs must have a drug testing program with monthly random testing.

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The state law

• We found no general Indiana law that sets rules for private employers that drug test (no statute found).
• We found no Indiana workers' comp premium discount for a drug-free workplace program (no statute found).

Testing applicants

• We found no Indiana law that limits drug testing of job applicants by private employers (no statute found).
• If you withdraw a job offer because the applicant tested positive or refused your required test without good cause, the applicant is treated as refusing suitable work for unemployment purposes (IC 22-4-15-2(g)).

Random testing

• We found no Indiana law that limits random testing by private employers (no statute found).
• Contractors on covered public works contracts must randomly test at least 2% of their employees each month, and every employee must be tested at least once a year (IC 4-13-18-6(a)).
• Coal mine operators may test mine employees on probable cause or at random, using SAMHSA procedures, a SAMHSA-certified lab and an MRO (IC 22-10-15-5, IC 22-10-15-6).

Marijuana (CBD only)

• Indiana allows low THC hemp extract, meaning hemp products with no more than 0.3% total delta-9 THC (IC 35-48-1.1-27).
• We found no Indiana law that protects off-duty marijuana or CBD use by employees or applicants (no statute found).
• We found no Indiana law that stops you from keeping a zero-tolerance policy for marijuana (no statute found).

Also good to know

• Bidders on public works contracts with an estimated cost of $150,000 or more must submit a written employee drug testing plan with the bid (IC 4-13-18-4, IC 4-13-18-5).
• The public works program must test for at least amphetamines, cocaine, opiates, PCP and THC (IC 4-13-18-6(a)(3)).
• After a first positive test on a public works program, the employee must be suspended 30 days, referred to treatment, and tested without notice for one year (IC 4-13-18-6(a)(4)).
• A union contract that provides random testing, a 5-drug panel and set discipline counts as a compliant public works plan (IC 4-13-18-5(c)).
• The agency can cancel a public works contract if the contractor fails to run its testing program or gives false information about it (IC 4-13-18-7).
• Workers' comp is not paid for an injury due to the employee's intoxication, and the employer has the burden of proof (IC 22-3-2-8).

Common questions

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

Sources

• IC 4-13-18 (official, 2026 Indiana Code)
• IC 22-4-15-2 and IC 22-3-2-8 and IC 22-10-15 (official, 2026 Indiana Code)
• IC 35-48-1.1-27 (official, 2026 Indiana Code)

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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