Home › Workplace drug testing laws › Mississippi

Mississippi drug testing laws for employers

Mississippi's drug testing law (Miss. Code 71-7-1 et seq.) is optional for private employers: it applies only if your written policy says you are following it, and then you must follow all of it. Insurers may also give a 5% workers' comp discount to employers that self-certify a drug-free workplace. Mississippi has a medical cannabis program, but employers do not have to accommodate it.

Order a workplace drug test in Mississippi: $40, 10-panel, at a Quest site. Lab and Medical Review Officer included, no account needed. Order a drug test · Background checks from $35 · 901-666-6970

Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.

The state law

A private employer opts in by stating in its written policy that it is following this chapter; if you do not opt in, contract and common law apply instead (Miss. Code 71-7-27).
If you opt in, you must follow every part of the chapter without exception (Miss. Code 71-7-3(1)).
Opted-in employers must give a written policy at least 30 days before testing starts to employees who may be tested (Miss. Code 71-7-3(2)).
Post the notice at work and keep copies available for employees to read (Miss. Code 71-7-3(3)).
Only a lab may run confirmation tests, using a different method of equal or greater sensitivity (Miss. Code 71-7-11).
Tell the employee in writing within 5 working days after you get a confirmed positive result (Miss. Code 71-7-9(10)).
The lab keeps positive samples frozen for 90 days, and the employee may have one retested at a lab they choose, at their own cost (Miss. Code 71-7-9(9)-(10)).
You pay for the tests you require or request (Miss. Code 71-7-9(16)).
Test information is confidential and may be released only as the chapter allows, such as with written consent (Miss. Code 71-7-15).
Separately, insurers may give a 5% premium discount if you self-certify a drug-free workplace program each year (1997 Miss. SB 2811, Sec. 4).
That discount program needs a 1-hour employee education program before the start and every year, and 2 hours of supervisor training before the start and every year (1997 Miss. SB 2811, Secs. 8-9).

Testing applicants

We found no Mississippi law that limits applicant testing by employers who do not opt in (no statute found).
If you opt in, tell applicants in writing at application, before collection, that they may be tested (Miss. Code 71-7-3(5)).
If you opt in, you may test applicants and refuse to hire after a refusal or confirmed positive (Miss. Code 71-7-5(2)(a)).

Random testing

We found no state law that limits random testing by private employers (no statute found).
Opted-in private employers may require neutral selection (random) testing as a condition of employment (Miss. Code 71-7-7(1), 71-7-5(2)(c)).

Marijuana (medical only)

The medical cannabis law does not require you to allow or accommodate medical cannabis use or change any job for it (Miss. Code 41-137-13(1)(b)).
You may refuse to hire, discipline or fire for medical cannabis use, impaired or not (Miss. Code 41-137-13(1)(c)).
You may keep and enforce a drug-testing policy (Miss. Code 41-137-13(1)(d)).
Patients get no right to sue an employer over medical cannabis job actions (Miss. Code 41-137-13(1)(f)).
You may discipline an employee for using medical cannabis at work or working under its influence (2022 Miss. SB 2095, Sec. 10(2)).

Also good to know

After a work injury, a positive test for illegal drugs, misused prescriptions, medical cannabis, or alcohol at .08 or more creates a presumption that it caused the injury, and refusing to test right away does too (Miss. Code 71-3-121).
Under an opted-in program, firing someone for a confirmed positive counts as discharge for cause (Miss. Code 71-7-13).
A worker fired for unlawful use of controlled substances can be disqualified from unemployment benefits (Miss. Code 71-5-513).

Common questions

Is drug testing legal for employers in Mississippi?

Can employers in Mississippi test applicants before hiring?

We found no Mississippi law that limits applicant testing by employers who do not opt in (no statute found).

Is random drug testing allowed in Mississippi?

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

Can a Mississippi employer act on a positive marijuana test?

The medical cannabis law does not require you to allow or accommodate medical cannabis use or change any job for it (Miss. Code 41-137-13(1)(b)).

Some rules for Mississippi 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.

More for Mississippi

Mississippi background check laws · Mississippi drug-free workplace discount · All states