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Kansas drug testing laws for employers
Kansas has no general drug testing law for private employers and no medical marijuana program. State law only gives a legal defense for possessing a low-THC cannabidiol oil for certain medical conditions. A written drug policy helps your position on unemployment and workers' comp claims.
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The state law
- We found no Kansas statute that sets testing rules for private employers (no statute found).
Testing applicants
- We found no state law that limits applicant testing by private employers (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (CBD only)
- Kansas has no medical marijuana program; it only gives a defense to people with a debilitating condition and a doctor's letter who possess cannabidiol oil (K.S.A. 21-5706(d)).
- That oil may have a THC level no higher than 5% of its CBD level, verified by an independent lab (K.S.A. 65-6235(a)(1)).
- The CBD law does not allow any other form of cannabis (K.S.A. 65-6235(e)).
- We found no Kansas law that protects employees who use CBD oil or marijuana from job action or a positive test (no statute found).
Also good to know
- Using alcohol or non-prescribed drugs at work, or being impaired by them at work, is proof of gross misconduct that blocks unemployment benefits (K.S.A. 44-706(b)(3)(B)(i)-(ii)).
- A positive test counts as gross misconduct for unemployment only if it meets rules on why it was given, who collected it, a federally approved or state-licensed lab, and GC/MS confirmation (K.S.A. 44-706(b)(3)(B)(iii)).
- Refusing a test given under your written policy that the employee knew about is also proof of gross misconduct for unemployment (K.S.A. 44-706(b)(3)(B)(iv)).
- A worker is presumed impaired for workers' comp at a 0.04 alcohol level or at set GC/MS drug cutoff levels, such as 15 ng/mL for the marijuana metabolite (K.S.A. 44-501(b)(1)(C)).
- Refusing your test after an injury forfeits workers' comp benefits if you had cause to suspect use or your policy clearly allows post-injury testing (K.S.A. 44-501(b)(1)(E)).
- A test result can be used to prove impairment in a comp case if it was given under a written testing policy in place before the injury, among other ways (K.S.A. 44-501(b)(2)(A)).
Common questions
Is drug testing legal for employers in Kansas?
Kansas has no general drug testing law for private employers and no medical marijuana program. State law only gives a legal defense for possessing a low-THC cannabidiol oil for certain medical conditions. A written drug policy helps your position on unemployment and workers' comp claims.
Can employers in Kansas test applicants before hiring?
We found no state law that limits applicant testing by private employers (no statute found).
Is random drug testing allowed in Kansas?
We found no state law that limits random testing by private employers (no statute found).
Can a Kansas employer act on a positive marijuana test?
Kansas has no medical marijuana program; it only gives a defense to people with a debilitating condition and a doctor's letter who possess cannabidiol oil (K.S.A. 21-5706(d)).
Some rules for Kansas 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.