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Wisconsin drug testing laws for employers
Wisconsin has no general law that sets testing rules for private employers, and marijuana is not legal for medical or adult use. A narrow CBD law lets people possess CBD with a doctor's certification. Contractors on covered public works and public utility projects must have a written substance abuse program.
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The state law
- We found no general Wisconsin law that sets procedures for private employers that drug test (no statute found).
- We found no Wisconsin workers' comp premium discount for a drug-free workplace program (no statute found).
Testing applicants
- We found no Wisconsin law that limits drug testing of job applicants by private employers (no statute found).
- An applicant who declines a required pre-employment drug test, or tests positive without a valid prescription, may be denied unemployment if you report the withdrawn offer to the state (Wis. Stat. 108.04(8)(b)).
Random testing
- We found no Wisconsin law that limits random testing by private employers (no statute found).
- Covered public works and public utility contractors must include random testing in their substance abuse program (Wis. Stat. 103.503(3)(a)2.).
Marijuana (CBD only)
- A person may possess a CBD product if a licensed physician certifies it is to treat a medical condition, and the certification is no more than one year old (Wis. Stat. 961.32(2m)(b)).
- Wisconsin bans job discrimination for using lawful products off your premises during nonworking hours (Wis. Stat. 111.321).
- We found no Wisconsin law that makes marijuana a lawful product or protects off-duty marijuana use (no statute found).
Also good to know
- Breaking your written drug or alcohol policy, after knowing about it, and then admitting use, refusing a test or testing positive counts as misconduct for unemployment purposes (Wis. Stat. 108.04(5)(a)).
- Before starting work on a covered public works or public utility project, contractors must have a written substance abuse prevention program (Wis. Stat. 103.503(3)(a)).
- That program must require pre-work, random, reasonable suspicion and post-accident drug and alcohol testing, with pre-work testing skipped for workers in a random program for the past 90 days (Wis. Stat. 103.503(3)(a)2.).
- The contractor pays all program and testing costs, not the government agency (Wis. Stat. 103.503(3)(b)).
- Public works testing must follow SAMHSA lab and chain-of-custody procedures (Wis. Stat. 103.503(4)(c)).
- A worker removed from a project for a positive test or refusal can return only after a negative test and approval to return (Wis. Stat. 103.503(4)(b)).
- The public utility project rules do not apply to workers already tested under DOT rules (49 CFR Parts 40, 199 or 382) (Wis. Stat. 103.503(4m)(a)).
Common questions
Is drug testing legal for employers in Wisconsin?
Wisconsin has no general law that sets testing rules for private employers, and marijuana is not legal for medical or adult use. A narrow CBD law lets people possess CBD with a doctor's certification. Contractors on covered public works and public utility projects must have a written substance abuse program.
Can employers in Wisconsin test applicants before hiring?
We found no Wisconsin law that limits drug testing of job applicants by private employers (no statute found).
Is random drug testing allowed in Wisconsin?
We found no Wisconsin law that limits random testing by private employers (no statute found).
Can a Wisconsin employer act on a positive marijuana test?
A person may possess a CBD product if a licensed physician certifies it is to treat a medical condition, and the certification is no more than one year old (Wis. Stat. 961.32(2m)(b)).
Some rules for Wisconsin weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Wis. Stat. 103.503 (Justia, 2025 Statutes)
- Wis. Stat. 961.32 (Justia, 2025 Statutes)
- Wis. Stat. 108.04 (Justia, 2025 Statutes)
- Wis. Stat. 111.321 (Justia, 2025 Statutes)
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.