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Tennessee drug testing laws for employers

Tennessee's Drug-Free Workplace Act (T.C.A. 50-9-101 et seq.) is optional: employers who join and renew each year get a workers' comp credit of at least 5% and stronger defenses. Contractors with 5 or more employees doing state or local construction work must certify compliance. Tennessee allows only low-THC cannabis oil for listed conditions.

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The state law

The program is optional; its rules apply when you choose to set up a drug-free workplace program under the chapter (T.C.A. 50-9-101(b)).
Workers' comp insurers must give a credit of at least 5% to employers in the program (T.C.A. 50-6-418(a)(1)).
Required tests: applicants after a conditional job offer, reasonable suspicion, routine fitness-for-duty, follow-up, and post-accident (T.C.A. 50-9-106).
Labs must be state-licensed or certified by HHS or CAP and follow DOT procedures, and confirmation tests must be done at a SAMHSA- or CAP-FUDT-certified lab (T.C.A. 50-9-110).
Give employees at least 60 calendar days' notice before testing starts, and put a testing notice on job postings (TN DLWD Employer Implementation Guide).
Each employee needs at least 1 hour of training and each supervisor 2 more hours, one time, plus a signed yearly acknowledgment of the policy (TN DLWD Employer Implementation Guide).
Renew the program application every year (TN DLWD Employer Implementation Guide).
Program testing follows DOT's 49 CFR Part 40 procedures, and a medical review officer reviews positive results (TN DLWD Employer Implementation Guide).
Firing, discipline or refusal to hire for a program violation is treated as done for cause (TN DLWD About the Program page).

Testing applicants

We found no Tennessee law that limits applicant testing by employers outside the program (no statute found).
In the program, test applicants only after a conditional job offer (T.C.A. 50-9-106).

Random testing

We found no state law that limits random testing by private employers (no statute found).
Random testing is allowed in the program but not required (T.C.A. 50-9-106; TN DLWD Employer Implementation Guide).

Marijuana (CBD only)

Tennessee allows only cannabis oil with less than 0.9% THC for listed conditions, with proof of a legal order from another state and a doctor's letter (T.C.A. 39-17-402).
We found no Tennessee law that protects off-duty marijuana or cannabis oil use by employees (no statute found).
We found no Tennessee law that stops you from keeping a zero-tolerance marijuana policy (no statute found).

Also good to know

A discharge for a positive drug test, an alcohol test over the limit, or a refused test under the program counts as misconduct for unemployment (T.C.A. 50-7-303).
Workers' comp is not paid for an injury due to intoxication or illegal drug use (T.C.A. 50-6-110(a)).
For program employers, a positive post-accident test or a refusal creates a presumption that drugs or alcohol caused the injury, rebuttable only by clear and convincing evidence (T.C.A. 50-6-110(c)).
Employers with 5 or more employees doing construction work for the state or a local government must file a drug-free workplace affidavit with the bid and get a certificate of compliance (T.C.A. 50-9-113(a)).
A contractor without the program is barred from new public contracts until it complies, for at least 3 months on a second violation and 1 year on a third (T.C.A. 50-9-113(b)).
Complying only for public contracts does not earn the premium credit (T.C.A. 50-9-113(a)).

Common questions

Is drug testing legal for employers in Tennessee?

Can employers in Tennessee test applicants before hiring?

We found no Tennessee law that limits applicant testing by employers outside the program (no statute found).

Is random drug testing allowed in Tennessee?

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

Can a Tennessee employer act on a positive marijuana test?

Tennessee allows only cannabis oil with less than 0.9% THC for listed conditions, with proof of a legal order from another state and a doctor's letter (T.C.A. 39-17-402).

Some rules for Tennessee 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.

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