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Texas drug testing laws for employers
Texas has no general drug testing law for private employers, so testing rules come from your own written policy. Texas only allows low-THC cannabis by prescription through its Compassionate Use Program, and we found no job protection for those patients.
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The state law
- We found no Texas statute that sets testing rules for private employers (no statute found).
- The current official Labor Code chapter 411 has no drug abuse policy section, so the old employer drug policy rule at Labor Code 411.091 no longer appears in the code (Tex. Labor Code ch. 411).
Testing applicants
- We found no state law that limits applicant testing by private employers (no statute found).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
Marijuana (CBD only)
- Texas allows only prescribed low-THC cannabis with no more than 10 mg of THC per dose, which is a limited program and not full medical marijuana (Tex. Occ. Code 169.001(3)).
- Low-THC cannabis may be prescribed only by qualified physicians for listed conditions such as epilepsy, cancer, PTSD and chronic pain (Tex. Occ. Code 169.003(a)).
- We found no Texas law that protects Compassionate Use patients from job action or a positive test (no statute found).
- We found no Texas law that stops a private employer from keeping a zero-tolerance marijuana policy (no statute found).
Also good to know
- A worker fired for misconduct connected with the job is disqualified from unemployment until they work six weeks or earn six times their benefit amount (Tex. Labor Code 207.044).
Common questions
Is drug testing legal for employers in Texas?
Texas has no general drug testing law for private employers, so testing rules come from your own written policy. Texas only allows low-THC cannabis by prescription through its Compassionate Use Program, and we found no job protection for those patients.
Can employers in Texas test applicants before hiring?
We found no state law that limits applicant testing by private employers (no statute found).
Is random drug testing allowed in Texas?
We found no state law that limits random testing by private employers (no statute found).
Can a Texas employer act on a positive marijuana test?
Texas allows only prescribed low-THC cannabis with no more than 10 mg of THC per dose, which is a limited program and not full medical marijuana (Tex. Occ. Code 169.001(3)).
Some rules for Texas weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Tex. Labor Code ch. 411 (official)
- Tex. Labor Code ch. 207 (official)
- Tex. Occ. Code ch. 169 (official, as amended by HB 46, 2025)
- Tex. Health and Safety Code ch. 487 (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.