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Vermont drug testing laws for employers
Vermont has one of the strictest testing laws in the country. You may test an applicant only after a conditional offer, test an employee only on probable cause, and never test at random unless federal law requires it. Every test needs a written policy, a state-designated lab and a medical review officer.
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The state law
- You may test a current employee only with probable cause to believe they are using or under the influence of a drug on the job (21 V.S.A. 513(c)(1)).
- You must have a bona fide alcohol or drug rehabilitation program available before you test an employee (21 V.S.A. 513(c)(2)).
- You may not fire an employee who tests positive if they agree to and finish the program; suspension is limited to the program time, at most three months (21 V.S.A. 513(c)(3)).
- You must give everyone tested a written policy listing when tests happen, the procedures, the drugs screened, a warning that over-the-counter drugs can cause a positive, and the consequences (21 V.S.A. 514(2)).
- You may never ask for or require a blood sample for a drug test (21 V.S.A. 514(3)).
- You must use a lab designated by the Vermont Department of Health, and urine positives must be confirmed by GC/MS or an equivalent method (21 V.S.A. 514(4), (6), 518).
- You must contract with or employ a certified medical review officer, who reports only confirmed results to you (21 V.S.A. 514(11)).
- The collector must be certified through an HHS-approved program and may not be your employee for probable-cause tests (21 V.S.A. 511(8), 514(12)).
- The MRO must explain a positive to the person and offer a retest of part of the sample at an independent lab at the person's expense (21 V.S.A. 515).
- Results are confidential and can be released only with the person's written consent (21 V.S.A. 516).
- Violations bring civil penalties of $500 to $2,000, possible criminal fines or jail, and private lawsuits (21 V.S.A. 519).
Testing applicants
- You may test a job applicant only after an offer conditioned on a negative result (21 V.S.A. 512(b)(1)).
- The applicant must get written notice of the testing procedure and a list of drugs tested, stating that therapeutic levels of prescribed drugs will not be reported, and this notice cannot be waived (21 V.S.A. 512(b)(2)).
Random testing
- You may not request, require or conduct random or company-wide drug tests unless federal law or regulation requires them (21 V.S.A. 513(b)).
Marijuana (recreational)
- The adult-use possession law does not require you to allow cannabis at work, lets you adopt a policy banning workplace use, and does not let a fired worker sue you for breaking a policy that restricts or bans employee cannabis use (18 V.S.A. 4230a(e)).
- We found no Vermont statute that protects off-duty cannabis users or medical cannabis patients from job action over a positive test (no statute found).
- Cannabinoids are on the list of drugs an employer may test for, still subject to all the testing limits above (21 V.S.A. 511(3)).
Also good to know
- The testing law does not limit your right to ban drug or alcohol use during work hours or to discipline someone for being under the influence at work, except for the rehabilitation rules (21 V.S.A. 517).
Common questions
Is drug testing legal for employers in Vermont?
Vermont has one of the strictest testing laws in the country. You may test an applicant only after a conditional offer, test an employee only on probable cause, and never test at random unless federal law requires it. Every test needs a written policy, a state-designated lab and a medical review officer.
Can employers in Vermont test applicants before hiring?
You may test a job applicant only after an offer conditioned on a negative result (21 V.S.A. 512(b)(1)).
Is random drug testing allowed in Vermont?
You may not request, require or conduct random or company-wide drug tests unless federal law or regulation requires them (21 V.S.A. 513(b)).
Can a Vermont employer act on a positive marijuana test?
The adult-use possession law does not require you to allow cannabis at work, lets you adopt a policy banning workplace use, and does not let a fired worker sue you for breaking a policy that restricts or bans employee cannabis use (18 V.S.A. 4230a(e)).
Some rules for Vermont weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 21 V.S.A. 511 (official)
- 21 V.S.A. 512 (official)
- 21 V.S.A. 513 (official)
- 21 V.S.A. 514 (official)
- 21 V.S.A. 515 (official)
- 21 V.S.A. 516 (official)
- 21 V.S.A. 517 (official)
- 21 V.S.A. 518 (official)
- 21 V.S.A. 519 (official)
- 18 V.S.A. 4230a (official)
- 7 V.S.A. chapters 35 and 37, medical cannabis registry and dispensaries (official; no employer provisions found)
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.