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South Carolina drug testing laws for employers
South Carolina has no general law that controls how private employers drug test. It does require insurers to give a workers' comp credit of at least 5% to employers with a qualifying drug prevention program, and state contracts or grants of $50,000 or more need a drug-free workplace certification. South Carolina has no medical marijuana program.
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The state law
- Insurers must give a premium credit of at least 5% to employers in an approved drug and alcohol prevention program (S.C. Code 38-73-500(B), 38-73-505).
- To qualify, your testing must include random sampling of everyone you pay wages to (S.C. Code 38-73-500(C)).
- You must give a positive result to the employee in writing within 24 hours after you get it (S.C. Code 38-73-500(C)).
- Keep records of each test for up to one year (S.C. Code 38-73-500(C)).
- A single sample may be split for a first and second test (S.C. Code 38-73-500(C)).
- Your program needs a written substance abuse policy statement (S.C. Code 41-1-15(A)(1)).
- Tell all employees about the program when you start it or when you hire them, whichever is earlier (S.C. Code 41-1-15(A)(2)).
- Program test results are confidential and may be released only with the employee's signed consent form, a court order, or certain agency or licensing board proceedings (S.C. Code 41-1-15(B)-(C)).
Testing applicants
- We found no South Carolina law that limits drug testing of job applicants by private employers (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
- To get the premium credit, your program must randomly sample all paid workers (S.C. Code 38-73-500(C)).
Marijuana (CBD only)
- South Carolina's only cannabis law allows CBD (at least 98% CBD, no more than 0.9% THC) in FDA-approved clinical trials for severe epilepsy (S.C. Code 44-53-1810, 44-53-1830).
- The medical cannabis bill S.53 (Compassionate Care Act) stayed in Senate committee and has not become law (S.53 bill history, 2025-2026).
- We found no South Carolina law that protects off-duty marijuana use or medical card holders at work (no statute found).
Also good to know
- A worker fired for a positive drug test, a refusal, or an adulterated sample loses unemployment benefits until they work again and earn 8 times their weekly benefit (S.C. Code 41-35-120(3)(a)).
- For that rule, you must have told workers your drug policy, and the test needs a licensed collector, an HHS/SAMHSA, CAP or SLED certified lab, and GC/MS or equal confirmation (S.C. Code 41-35-120(3)(a)).
- Workers' comp is not paid when the injury was caused by the employee's intoxication, and the employer must prove it (S.C. Code 42-9-60).
- Businesses getting state contracts or grants of $50,000 or more must certify a drug-free workplace, with a written policy, an awareness program and conviction reporting (S.C. Code 44-107-30).
- A false certification or failure to follow it can lead to contract suspension and a ban on state contracts of 1 to 5 years (S.C. Code 44-107-60, 44-107-70).
Common questions
Is drug testing legal for employers in South Carolina?
South Carolina has no general law that controls how private employers drug test. It does require insurers to give a workers' comp credit of at least 5% to employers with a qualifying drug prevention program, and state contracts or grants of $50,000 or more need a drug-free workplace certification. South Carolina has no medical marijuana program.
Can employers in South Carolina test applicants before hiring?
We found no South Carolina law that limits drug testing of job applicants by private employers (no statute found).
Is random drug testing allowed in South Carolina?
We found no state law that limits random testing by private employers (no statute found).
Can a South Carolina employer act on a positive marijuana test?
South Carolina's only cannabis law allows CBD (at least 98% CBD, no more than 0.9% THC) in FDA-approved clinical trials for severe epilepsy (S.C. Code 44-53-1810, 44-53-1830).
Some rules for South Carolina weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- S.C. Code Title 38 Ch. 73 (38-73-500, 38-73-505) (official)
- S.C. Code Title 41 Ch. 1 (41-1-15) (official)
- S.C. Code Title 41 Ch. 35 (41-35-120) (official)
- S.C. Code Title 42 Ch. 9 (42-9-60) (official)
- S.C. Code Title 44 Ch. 107, Drug-free Workplace Act (official)
- S.C. Code Title 44 Ch. 53 (44-53-1810 to 1840) (official)
- S.53 (2025-2026), 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.
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