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Marijuana and Pre-Employment Drug Tests: State Laws in 2026

Several states now limit how employers can test job applicants for marijuana, or what they can do with the result. Pact's $40 10-panel includes marijuana. So before an employer in one of these states orders it for an applicant, the state's rule matters. This guide summarizes the laws we read for seven states, quoting each state's own statute or agency guidance. It also explains what Pact's panel actually detects. Laws change, and this page is not legal advice. If you hire in one of these states, talk to your attorney and call Pact at 901-666-6970 before you order.

Updated October 14, 2026 · Checked against the official sources listed at the end

What Pact's 10-panel tests for marijuana

Pact's 10-panel is Quest unit code 65190N. Quest's sheet lists marijuana metabolites with a screening cutoff of 50 ng/mL and a confirmation cutoff of 15 ng/mL.

Urine tests look for what the body makes from THC, not THC itself. SAMHSA's guide for doctors says lab tests for marijuana are designed to detect THC-COOH, which it calls the major inactive metabolite of THC. Washington's legislature made the same point when it passed its law: many tests for cannabis show only nonpsychoactive metabolites from past use.

Pact does not list a 10-panel without marijuana on its order page. If you need one, ask Pact before you order.

California

California's Civil Rights Department (CRD) explains the rules in Government Code 12954, in effect since January 1, 2024:

Employers generally cannot ask an applicant about past cannabis use.
Most employers cannot deny someone a job because a drug test shows nonpsychoactive cannabis metabolites. A scientifically valid test that shows psychoactive THC is treated differently.
Employers may still require all applicants to take a drug test, and may screen for other drugs.
The protections don't apply to employers with four or fewer employees, or to jobs that need a federal background investigation or security clearance. For current employees, the building and construction trades are also excepted.
They don't override other state or federal laws that require testing.

New York

New York's Labor Law 201-D protects legal adult cannabis use outside work. The state Department of Labor's FAQ asks, "Can an employer test for cannabis?" Its answer is no, unless Labor Law 201-D(4-a) or other law allows it. The FAQ adds that federal law merely allowing a test is not enough, but testing is allowed where federal or state law requires it, such as DOT testing of commercial drivers under 49 CFR Part 382.

The FAQ says the law does not cover people who aren't employees, such as independent contractors and volunteers, or employees under 21.

New Jersey

New Jersey's cannabis law, as enacted in 2021 (P.L.2021, c.16, section 48, codified at N.J.S.A. 24:6I-52), bars refusing to hire someone because they do or don't use cannabis. It also bars adverse action based solely on cannabinoid metabolites from legal use.

The same section allows drug tests, including pre-employment screening. But it says the test must include objective methods, such as blood, urine or saliva testing, and a physical evaluation by someone certified to judge impairment. Check the current law and rules before you rely on this summary.

Washington

RCW 49.44.240, in effect since January 1, 2024, covers initial hiring:

Employers may not discriminate in initial hiring based on off-the-job cannabis use, or on an employer-required test that found nonpsychoactive cannabis metabolites.
Employers may still use valid tests that don't screen for those metabolites.
Employers may test applicants for a range of drugs, including cannabis, as long as the cannabis results are not provided to the employer.
The law doesn't apply to post-accident or impairment testing.
Exceptions include jobs needing a federal background investigation or clearance, law enforcement, fire departments, first responders and 911 dispatch, corrections, airline and aerospace jobs, and safety-sensitive jobs the employer identified in advance.

Minnesota

Minn. Stat. 181.951, subdivision 8, says an employer must not require a job applicant to take a cannabis test as a condition of employment unless state or federal law requires it. It also bars refusing to hire someone solely because an authorized test found cannabis.

Subdivision 9 lists exceptions where cannabis is treated like other drugs. They include safety-sensitive jobs, peace officers, firefighters, jobs giving face-to-face care to children, vulnerable adults or patients, jobs requiring a CDL or legally required driver testing, jobs funded by a federal grant, and any job where law requires cannabis testing.

Nevada

NRS 613.132 makes it unlawful for an employer to refuse to hire an applicant because a screening test showed marijuana. It doesn't apply to firefighters, emergency medical technicians, jobs that require driving where law requires testing, or jobs that the employer decides could adversely affect the safety of others.

If an employer tests an employee within the first 30 days of work, the employee may take another test at their own expense to rebut the first one, and the employer must consider it.

Montana

Montana's lawful-products law, MCA 39-2-313, lists marijuana as a lawful product. It bars refusing to employ someone because they legally use a lawful product off the employer's premises during nonworking hours. There are exceptions, including use that affects job performance or the safety of others, and action an employer believes is allowed under an established substance abuse program or policy.

Other states, medical cards and DOT jobs

Other states have their own rules, including protections for medical-card holders. We have not summarized them here. Check your state's law.

Federal DOT testing is different. A truck or bus driver covered by DOT rules is still tested for marijuana, and a state medical card does not change that. See our guide to marijuana, CBD and DOT drivers. Pact's online 10-panel is a non-DOT test.

Before you order

Hiring in California, New York, New Jersey, Washington, Minnesota, Nevada or Montana? Talk to your attorney, then call Pact at 901-666-6970 before you order.
Pact already asks anyone testing in New York, New Jersey or Rhode Island to call before ordering.
Write your testing rules down and apply them the same way to everyone. Our guide to starting employee drug testing walks through the steps.
All sales are final, so check first.

Common questions

Can employers in California still drug test applicants?

Yes. California's CRD says employers may still require all applicants to take a drug test. But most employers can't deny a job because a test shows nonpsychoactive cannabis metabolites (Gov. Code 12954), with exceptions.

Does Pact's 10-panel test for THC?

Yes. It tests for marijuana metabolites, with a 50 ng/mL screen and a 15 ng/mL confirmation cutoff on Quest's sheet for unit code 65190N.

Can I order a 10-panel without THC from Pact?

Pact's order page doesn't list one. Call Pact at 901-666-6970 and ask before you order.

Do these state laws apply to DOT drivers?

No. State laws don't override federally required testing. New York's FAQ names DOT driver testing under 49 CFR Part 382 as an example, and California and Washington say the same about laws that require testing.

Is this legal advice?

No. It summarizes statutes and agency guidance we read in October 2026. Laws change, so talk to your attorney.