Order a Drug Test in Texas

Pre-Employment Drug Testing in Texas

Texas Workforce Commission guidance states that pre-employment drug testing is allowed. Employers should give clear advance notice, use neutral criteria for covered positions, apply the same criteria to similarly situated applicants, and use documented laboratory procedures.

Texas law does not establish one universal rule assigning the applicant’s testing cost. TWC notes that employers commonly assume the cost.

• Give clear advance notice of the testing requirement.
• Use job-related, neutral criteria for covered positions.
• Apply the same criteria to similarly situated applicants.
• Use documented collection and chain-of-custody procedures.
• Use a reliable laboratory and confirm non-negative screens.
• Use Medical Review Officer review when required or appropriate.
• Keep test and medical information confidential.
• Review federal, discrimination, contract, and collective-bargaining rules.

Employer Testing Programs

A Texas employer policy can address random, for-cause, post-accident, return-to-duty, follow-up, and other lawful testing reasons. The policy should define those triggers in plain language and should be administered consistently across comparable job categories.

• Use a neutral selection process for any random program.
• Train supervisors to document objective facts supporting for-cause testing.
• Tie post-accident testing to possible contribution or a legitimate safety concern.
• Remind an employee of the policy and refusal consequence before discharge.
• Keep DOT and non-DOT programs, forms, and records separate.
• State how refusals, adulteration, and substituted specimens are handled.
• Maintain chain-of-custody, initial-test, confirmation, and cutoff documentation.
• Limit disclosure to personnel with a business need to know.

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Private-Employer Testing Is Broadly Permitted

Texas Workforce Commission states that private employers face very few general restrictions on adopting drug- and alcohol-testing policies. TWC specifically identifies pre-employment, random, post-accident, and for-cause testing as allowed.

Government employers, federally regulated employers, union workplaces, and organizations subject to client contracts, grants, licensing rules, or other special requirements may face different limits or procedures.

Official sources: Texas Workforce Commission — Drug Testing in the Workplace and Texas Workforce Commission — Drug and Alcohol Policies .

Written Policy and Consistent Administration

Texas does not currently require every private employer to maintain a written drug-testing policy. TWC notes that the former Labor Code §411.091 mandate was repealed in 2005, but it strongly recommends a written policy distributed to all covered employees with signed acknowledgment and specific consent to testing.

The policy should define prohibited conduct, covered job categories, substances and cutoffs, testing reasons, selection methods, specimen and laboratory procedures, refusals, confirmation and review, consequences, records, and confidentiality.

Official source: Texas Workforce Commission — Drug Testing in the Workplace

Laboratory Documentation, Confirmation, and Chain of Custody

TWC recommends using a nationally certified laboratory that provides complete test documentation, including the test type, substance concentrations, cutoffs, confirmation, and chain of custody.

TWC’s employer guidance specifically recommends confirmation of initial positive results by gas chromatography/mass spectrometry and preserving a chain of custody showing who handled the sample at relevant times.

Employers should use Medical Review Officer review when required by a governing program or when appropriate for the policy and test.

Official source: Texas Workforce Commission — Drug and Alcohol Policies

Refusals, Privacy, and Medical Records

An employer should not physically force an employee to submit to a drug test. TWC guidance states that a written policy may provide for termination following refusal, but the employee should first be reminded of the policy and the stated consequence.

Drug-test and related medical information should be kept confidential and separated from ordinary personnel information. Access and disclosure should be limited to people with a legitimate business or legal need.

Official sources: Texas Workforce Commission — Drug Testing in the Workplace and Texas Workforce Commission — Workplace Investigations .

Unemployment Claims: Policy and Evidence Matter

Texas Labor Code §207.044 addresses disqualification after discharge for misconduct connected with the claimant’s last work. In a positive drug-test case, TWC expects the employer to produce evidence of the policy, employee awareness or acknowledgment, consent, chain of custody, the initial and confirmation tests, and a result above the stated cutoff.

Missing policy or laboratory documentation can make it harder to establish misconduct. The Texas Workforce Commission decides each unemployment claim on its facts.

Official sources: Texas Labor Code §207.044 and TWC Drug-Testing Evidence Guidance .

Workers’ Compensation Intoxication Defense

Labor Code §406.032 provides that an insurance carrier is not liable when an injury occurred while the employee was in a state of intoxication. Section 401.013 defines drug intoxication by loss of normal mental or physical faculties resulting from voluntary introduction of a controlled substance or another listed substance, subject to the statute’s prescription rules.

For a controlled substance, voluntary introduction shown by a blood test or urinalysis can create a rebuttable presumption of intoxication. The employee may rebut it, and timing, specimen type, prescription status, the evidence, and whether the injury occurred while intoxicated remain material.

Official sources: Texas Labor Code §401.013 and Texas Labor Code §406.032 .

Federal, Public-Sector, Contract, and Union Rules Can Change the Analysis

DOT-covered transportation testing must follow 49 CFR Part 40 and the applicable agency rule. Federal contractors and grantees can have separate drug-free-workplace duties, and client contracts can require testing for employees entering a customer’s site.

Public-employer testing can raise constitutional and civil-service issues. Collective-bargaining agreements, licensing rules, and industry-specific requirements can also determine whether, when, and how testing occurs.

Use the Right Proof for the Right Decision

A confirmed laboratory result, evidence of present impairment, a Texas Workforce Commission unemployment determination, and a workers’ compensation intoxication finding are different questions.

Document the testing reason, specimen, timing, policy, consent, chain of custody, confirmation, cutoff, review, and consequence that apply to the actual employment or benefits decision.

Adult-Use Marijuana Remains Illegal

Texas has not legalized marijuana for general adult use. Health and Safety Code §481.121 continues to make possession of a usable quantity of marijuana an offense except as otherwise authorized by law.

Local charging or enforcement practices do not convert marijuana into a lawful statewide adult-use product. Employers should separately analyze disability, prescription, federal, public-sector, contractual, and collective-bargaining issues before acting.

Official source: Texas Health and Safety Code §481.121

Texas Compassionate Use Program

Qualified physicians may prescribe low-THC cannabis to qualifying Texas permanent residents with listed medical conditions. Current Occupations Code Chapter 169 defines low-THC cannabis as containing no more than 10 milligrams of tetrahydrocannabinols in each dosage unit.

Smoking remains outside the statutory definition of medical use. A physician may prescribe pulmonary administration through an approved aerosol or vapor device when medically necessary.

Official sources: Texas Department of Public Safety — Compassionate Use Program , Texas Occupations Code Chapter 169 , and Texas DSHS — Low-THC Cannabis Medical Use .

No Blanket Workplace Protection

Current Occupations Code Chapter 169 authorizes medical treatment and registry participation but does not state a general rule barring employer drug testing or employment action based on a THC result. A Compassionate Use prescription does not by itself prevent workplace testing or determine an employment decision.

Before acting, an employer should follow its written policy and evaluate disability and accommodation law, the prescribed medication and job duties, public-sector restrictions, federal obligations, contracts, and any collective-bargaining agreement.

Hemp, CBD, Delta-8, and THC Test Results

Product legality, labeling, and drug-test outcome are different questions. A hemp-derived, CBD, or prescribed low-THC product may still expose a person to enough THC to produce a marijuana-metabolite result.

Texas DSHS currently states that the Texas Supreme Court confirmed delta-8 THC is a controlled substance and that only naturally occurring trace amounts in hemp are exempt. A Texas scheduling clarification affecting delta-8 THC became effective July 31, 2026. DSHS also states that qualifying consumable hemp products may contain delta-9 THC at no more than 0.3% on a dry-weight basis.

A urine marijuana result can reflect prior exposure and does not, by itself, establish when use occurred or whether the donor is currently impaired.

Official source: Texas DSHS — Consumable Hemp Program

DOT Rules Are Separate from Non-DOT Testing

DOT expressly requires DOT tests to remain separate from non-DOT tests. A personal or employer non-DOT order should not be substituted for a test required by DOT regulations.

DOT programs have specific requirements for testing reasons, forms, specimen collection, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

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

For additional DTC guidance, see FMCSA resources, DOT regulations, and DOT drug testing.

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.