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Nebraska drug testing laws for employers
Nebraska has a short drug testing law that applies to employers with 6 or more employees. It does not say when you may test, but a positive result cannot be used against an employee unless a lab confirms it. Voters approved medical cannabis in 2024, but the law has no rules for employers and no dispensaries had opened as of fall 2026.
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The state law
- The testing law covers employers with 6 or more full-time and part-time employees, including the state and local governments (Neb. Rev. Stat. 48-1902).
- The law does not require you to test and does not say when tests may be given (Neb. Rev. Stat. 48-1901).
- You may not use a positive drug screen to fire or discipline an employee unless it is confirmed by GC/MS or another method the state health department approves (Neb. Rev. Stat. 48-1903).
- A positive alcohol screen must be confirmed by gas chromatography or by an approved breath-testing device run by a permitted operator, and the employee may ask for a blood test to double-check a breath result (Neb. Rev. Stat. 48-1903).
- Confirmation tests (other than breath tests) must be done by a CLIA-certified clinic, hospital, or lab (Neb. Rev. Stat. 48-1903).
- Positive samples must be refrigerated and kept for at least 180 days so they can be retested (Neb. Rev. Stat. 48-1904).
- You must keep a written chain-of-custody record for each sample (Neb. Rev. Stat. 48-1905).
- You may share results only with people in your company who need to know, with the employee if they ask, or as the law requires (Neb. Rev. Stat. 48-1906).
- An employee who refuses a lawful test, or who tampers with a sample, may be disciplined or fired, and tampering is also a misdemeanor (Neb. Rev. Stat. 48-1908, 48-1909, 48-1910).
- We found no Nebraska workers' comp premium discount for drug-free workplace programs (no statute found).
Testing applicants
- The Nebraska law protects 'employees' and does not set separate rules for job applicants (Neb. Rev. Stat. 48-1902, 48-1903).
- We found no Nebraska law that limits when you may test job applicants (no statute found).
Random testing
- We found no state law that limits random testing by private employers (Neb. Rev. Stat. 48-1901).
- If a random test is positive, the confirmation rules still apply before you act on it (Neb. Rev. Stat. 48-1903).
Marijuana (medical only)
- Voters passed the Medical Cannabis Patient Protection Act in 2024, which lets qualified patients possess up to 5 ounces of cannabis (Neb. Rev. Stat. 71-24,103 to 71-24,105).
- The patient act protects patients from criminal charges only and has no section about employers, hiring, or drug testing (Neb. Rev. Stat. 71-24,105).
- We found no Nebraska law that protects off-duty marijuana use or bars firing a medical patient for a positive test (no statute found).
- A separate 2024 law created the Nebraska Medical Cannabis Commission to license businesses, and its permanent rules took effect in July 2026 (Neb. Rev. Stat. 71-24,106 to 71-24,109).
Also good to know
- A worker fired for being under the influence of alcohol or a non-prescribed controlled substance at work loses the unemployment wage credits earned from that employer (Neb. Rev. Stat. 48-628.10).
- A worker hurt because they were intoxicated, including from a non-prescribed controlled substance, gets no workers' comp benefits, but the employer must prove it (Neb. Rev. Stat. 48-127, 48-151).
Common questions
Is drug testing legal for employers in Nebraska?
Nebraska has a short drug testing law that applies to employers with 6 or more employees. It does not say when you may test, but a positive result cannot be used against an employee unless a lab confirms it. Voters approved medical cannabis in 2024, but the law has no rules for employers and no dispensaries had opened as of fall 2026.
Can employers in Nebraska test applicants before hiring?
The Nebraska law protects 'employees' and does not set separate rules for job applicants (Neb. Rev. Stat. 48-1902, 48-1903).
Is random drug testing allowed in Nebraska?
We found no state law that limits random testing by private employers (Neb. Rev. Stat. 48-1901).
Can a Nebraska employer act on a positive marijuana test?
Voters passed the Medical Cannabis Patient Protection Act in 2024, which lets qualified patients possess up to 5 ounces of cannabis (Neb. Rev. Stat. 71-24,103 to 71-24,105).
Some rules for Nebraska weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Neb. Rev. Stat. 48-1901 (official)
- Neb. Rev. Stat. 48-1902 (official)
- Neb. Rev. Stat. 48-1903 (official)
- Neb. Rev. Stat. 48-1904 (official)
- Neb. Rev. Stat. 48-1905 (official)
- Neb. Rev. Stat. 48-1906 (official)
- Neb. Rev. Stat. 48-1908 (official)
- Neb. Rev. Stat. 48-1909 (official)
- Neb. Rev. Stat. 48-1910 (official)
- Neb. Rev. Stat. 71-24,103 (official)
- Neb. Rev. Stat. 71-24,104 (official)
- Neb. Rev. Stat. 71-24,105 (official)
- Neb. Rev. Stat. 71-24,106 (official)
- Neb. Rev. Stat. 71-24,109 (official)
- Nebraska Medical Cannabis Commission, Rules and Regulations (official)
- Neb. Rev. Stat. 48-628.10 (official)
- Neb. Rev. Stat. 48-127 (official)
- Neb. Rev. Stat. 48-151 (official)
- LB 1235 (2026) bill status and slip law (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.