Order a Drug Test in Kansas

Pre-Employment Drug Testing in Kansas

Kansas does not impose one comprehensive private-sector applicant-testing statute comparable to the detailed laws in some states. Private employers generally build applicant testing around a clear written policy, consistent treatment of similarly situated applicants, reliable laboratory procedures, and applicable federal or local requirements.

• Choose a THC-inclusive or no-THC panel intentionally.
• State when testing occurs and which substances are included.
• Use compliant collection, confirmation, and Medical Review Officer procedures.
• Apply uniform rules to similarly situated applicants.
• Keep test information confidential.

Employer Testing Programs

A Kansas policy should identify covered positions, testing reasons, substances, refusals, confirmation and MRO review, confidentiality, and the consequences of a verified result. K.S.A. 44-706 makes a known written policy and reliable collection and confirmation procedures especially important when a discharge is evaluated for unemployment purposes.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Kansas city, ZIP code, or area entered for the donor.

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A Known Written Policy Matters

K.S.A. 44-706 addresses unemployment-benefit consequences after a discharge. A positive chemical test or qualifying refusal can support a gross-misconduct finding when the test was requested under a written employer policy the employee knew about and testing was a required condition of employment, or when another listed basis applies.

The statute also treats on-duty use or impairment from alcohol or a nonprescribed controlled substance as gross misconduct.

Official source: Kansas Legislature — 2026 K.S.A. 44-706

Collection and Confirmation Standards

For the unemployment gross-misconduct provisions, K.S.A. 44-706 specifies collection by a licensed healthcare professional or another person authorized by law, testing by an HHS-approved or Kansas-licensed laboratory, and confirmation by gas chromatography, gas chromatography-mass spectrometry, or another comparably reliable analytical method.

• Document the policy and employee acknowledgment.
• Define test reasons and refusal consequences.
• Use controlled collection and specimen identification.
• Confirm nonnegative laboratory results.
• Use MRO review when appropriate to the program.
• Protect confidential test information.

Post-Injury Testing Can Affect Workers’ Compensation

K.S.A. 44-501 establishes substance-testing rules for workers’ compensation cases. A test can be admissible when it follows a written employer policy in place before the accident or another listed basis and meets the statute’s timing, collection, laboratory, confirmation, identification, and split-sample conditions.

A result at or above the statutory alcohol or drug thresholds creates a conclusive presumption of impairment and a rebuttable presumption that impairment contributed to the injury. A refusal can forfeit benefits when the employer had sufficient cause to suspect use or its policy clearly authorized post-injury testing. A sufficient split sample must be retained and made available to the employee within 48 hours of a positive test.

Official source: Kansas Legislature — 2026 K.S.A. 44-501

State-Government Testing Is a Separate Program

K.S.A. 75-4362 authorizes pre-employment testing for applicants to designated safety-sensitive state-government positions after a conditional offer. It also authorizes reasonable-suspicion testing for specified current state officials and employees and makes results confidential outside defined proceedings.

For many covered current state employees, the statute generally bars termination solely because of a first valid positive if the employee has no prior valid positive and completes the required evaluation and recommended education or treatment. The rule has stated exceptions and does not prevent other authorized discipline.

Official source: Kansas Legislature — 2026 K.S.A. 75-4362

Marijuana Remains Prohibited Under Kansas Law

K.S.A. 21-5706 continues to prohibit possession of marijuana and tetrahydrocannabinols. Measures introduced during the 2025–2026 legislative session do not change the law unless enacted.

Official source: Kansas Legislature — 2026 K.S.A. 21-5706

Claire and Lola’s Law Is a Narrow Defense

K.S.A. 65-6235 defines a cannabidiol treatment preparation as an oil whose THC concentration is no more than 5% relative to its cannabidiol concentration, verified by an independent laboratory. K.S.A. 21-5706(d) provides a narrow affirmative defense for a person with a qualifying debilitating condition—or the parent or guardian of a qualifying minor—who meets the statute’s preparation and physician-letter requirements.

This defense is not a statewide medical-cannabis card program and does not itself create an employment accommodation or prohibit workplace THC testing.

Official source: Kansas Legislature — 2026 K.S.A. 65-6235

Choosing THC or No-THC Panels

• Kansas private employers may include marijuana/THC in a lawful written testing policy.
• The narrow cannabidiol defense does not automatically override workplace policy.
• Employers should clearly state whether THC is included in the written policy and panel.
• No-THC panels are available when marijuana is intentionally excluded from a non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

Federal Testing Is Separate

Kansas marijuana law does not alter federal DOT testing. DOT-regulated programs must test for marijuana under the federal panel and follow 49 CFR Part 40, regardless of a state-law defense or an employer’s non-DOT panel choices.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.