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North Carolina drug testing laws for employers
North Carolina has a law that sets testing procedures for every employer that drug tests, private employers included. You do not have to test, but if you do, you must use approved labs and confirm positive results. North Carolina has no medical marijuana program, only a narrow hemp extract law for epilepsy.
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The state law
- The law covers any employer doing business in North Carolina that tests job applicants or employees for drugs (G.S. 95-231(2), 95-232(a)).
- You do not have to drug test, but if you do, you must follow the law's procedures (G.S. 95-233, 95-232(a)).
- Samples must be collected in sanitary conditions that protect the person's dignity and prevent swapping or tampering (G.S. 95-232(b)).
- Use an approved lab, meaning one that has passed the HHS or College of American Pathologists forensic urine testing program (G.S. 95-231(1)).
- Every positive screen must be confirmed by a second test using GC/MS or an equal method (G.S. 95-232(c1)).
- You must set chain-of-custody procedures for collecting, labeling and handling samples (G.S. 95-232(e)).
- The lab must keep part of every confirmed positive sample for at least 90 days (G.S. 95-232(d)).
- The person may have a confirmed positive sample retested at the same or another approved lab, at their own cost, by asking in writing (G.S. 95-232(f)).
- The Commissioner of Labor may fine up to $250 per affected person, up to $1,000 per investigation (G.S. 95-234(a)).
- Tests required by U.S. DOT or the Nuclear Regulatory Commission are exempt from this law (G.S. 95-235).
- We found no state workers' comp premium discount for drug-free workplaces in North Carolina (no statute found).
Testing applicants
- You may use an instant (single-use) test device to screen job applicants (G.S. 95-232(c)(1)).
- If an applicant's screen is positive, an approved lab must confirm it unless the applicant signs a written waiver (G.S. 95-232(c1)).
- We found no North Carolina law that requires a job offer before you test an applicant (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
- Any test of a current employee, random or not, must be screened by an approved lab, not an instant test (G.S. 95-232(c)(2)).
Marijuana (CBD only)
- The only legal use is a hemp extract with less than 0.9% THC and at least 5% CBD, for intractable epilepsy, given by a caregiver (G.S. 90-94.1).
- A medical cannabis bill (H1011, 2025) was sent to committee in April 2025 and has not become law (H1011 bill history).
- The state's off-duty conduct law protects only the lawful use of lawful products, and we found no law that protects off-duty marijuana use (G.S. 95-28.2(b)).
- We found no North Carolina law that stops you from keeping a zero-tolerance marijuana policy (no statute found).
Also good to know
- Violating your written alcohol or illegal drug policy is evidence of misconduct that can deny unemployment benefits, though the worker can rebut it (G.S. 96-14.6(c)(1)).
- Workers' comp is not paid when the injury was caused by being under the influence of a controlled substance that was not prescribed (G.S. 97-12(2)).
- A properly done test result showing intoxication or being under the influence creates a presumption of impairment that the worker can rebut (G.S. 97-12).
Common questions
Is drug testing legal for employers in North Carolina?
North Carolina has a law that sets testing procedures for every employer that drug tests, private employers included. You do not have to test, but if you do, you must use approved labs and confirm positive results. North Carolina has no medical marijuana program, only a narrow hemp extract law for epilepsy.
Can employers in North Carolina test applicants before hiring?
You may use an instant (single-use) test device to screen job applicants (G.S. 95-232(c)(1)).
Is random drug testing allowed in North Carolina?
We found no state law that limits random testing by private employers (no statute found).
Can a North Carolina employer act on a positive marijuana test?
The only legal use is a hemp extract with less than 0.9% THC and at least 5% CBD, for intractable epilepsy, given by a caregiver (G.S. 90-94.1).
Some rules for North Carolina weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- N.C. Gen. Stat. 95-230 to 95-235, Controlled Substance Examination Regulation (official)
- N.C. Gen. Stat. 90-94.1, hemp extract (official)
- N.C. Gen. Stat. 95-28.2, lawful products (official)
- N.C. Gen. Stat. 96-14.6, unemployment misconduct (official)
- N.C. Gen. Stat. 97-12, workers' comp intoxication (official)
- H1011 (2025-2026), NC Compassionate Care Act, bill history (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.