Order a Drug Test in Virginia

Pre-Employment Drug Testing in Virginia

Tell applicants which positions require testing, what substances are included, when to report, and how results or refusals will be handled. Using a conditional offer is a practical policy approach; do not confuse a company’s chosen process with a universal Virginia post-offer testing mandate.

• Choose the panel according to the job and lawful policy.
• State whether marijuana/THC is included.
• Apply consistent criteria to similarly situated applicants.
• Use documented collection and laboratory confirmation.
• Arrange confidential MRO review of medical explanations.
• Confirm recipient requirements for court, licensing, or other specialized tests.
• Keep DOT and non-DOT orders separate.

Employer Testing Programs

Private-employer policies may address random, reasonable-suspicion, post-accident, and follow-up testing where lawful. Define covered employees and selection methods, document the reason for testing, and avoid treating a test result alone as proof of present impairment.

• Communicate the policy before enforcement.
• Document observable facts for reasonable suspicion.
• Review post-accident testing against applicable safety and anti-retaliation rules.
• Define confirmation, MRO review, retest, and refusal procedures.
• Evaluate protected medical-cannabis use before discipline.
• Restrict access to medical and test records.
• Check insurer criteria if seeking a premium discount.

After the case is created, select an available collection site during checkout.

Private-Employer Policy and Testing Reasons

For ordinary private non-DOT programs, Virginia generally leaves testing arrangements to the employer, subject to applicable legal limits. A clear written policy should define the panel, covered positions, testing reasons, collection process, costs, consequences, and review or appeal process.

Confirmation and confidential MRO review are prudent safeguards. Laboratory standards also have specific significance when a result is used in an unemployment or workers’ compensation proceeding. Do not import state-agency policies into every private workplace.

Official source: Virginia Code § 60.2-618

Official source: Virginia Code § 40.1-27.4

Workers’ Compensation Premium Discount

Section 65.2-813.2 directs workers’ compensation insurers to provide a premium discount of up to five percent for an employer that establishes and maintains a drug-free workplace program meeting the insurer’s criteria.

This is not an automatic five-percent credit for buying tests. Ask your carrier about its required policy, education, testing, documentation, application, and renewal standards before promising savings.

Official source: Virginia Code § 65.2-813.2

Post-Accident Results and Compensation

Section 65.2-306 bars compensation for an injury or death caused by specified conduct, including intoxication or use of a nonprescribed controlled substance. The party asserting the defense bears the burden of proof.

A qualifying alcohol level or positive result from a SAMHSA-certified laboratory can create a rebuttable presumption of intoxication or use at the time of injury. That presumption is unavailable if the employee dies from the injuries; an employee can rebut it with clear and convincing evidence. Causation remains material.

Official source: Virginia Code § 65.2-306

Unemployment and Confirmed Results

Section 60.2-618 addresses confirmed positives for nonprescribed controlled substances under a known workplace drug policy. It specifies scientifically recognized collection and testing, qualifying laboratory accreditation or a DOT-qualified screen, and allows consideration of mitigating circumstances.

The section also addresses qualifying positive tests connected with an offer of suitable work. A benefits decision is separate from an employment decision; the Virginia Employment Commission evaluates the applicable facts and requirements.

Official source: Virginia Code § 60.2-618

Public Contracts Over $10,000

Under § 2.2-4312, covered public contracts over $10,000 must contain drug-free workplace provisions. Contractors must maintain the required workplace prohibition, post notice and consequences, identify their drug-free workplace in employment solicitations, and flow the provisions into qualifying subcontracts or purchase orders.

The section establishes workplace and notice duties. It does not, by itself, require universal random testing of all workers on every public contract.

Official source: Virginia Code § 2.2-4312

Public-Sector and Federal Programs

DHRM guidance for Executive Branch agencies calls for job-related testing criteria, an agency policy, legal review, notice, confidentiality, reliable collection and laboratory services, and medical review. Public employers must also consider constitutional restrictions on searches.

Agency guidance is not a statewide private-employer testing statute. DOT-covered work, mining, and other regulated activities require a separate review of the applicable program; a non-DOT purchase does not fulfill every specialized requirement.

DHRM — Developing an Alcohol and Drug-Testing Policy

Adult Use and the Retail Timeline

Virginia permits adult cannabis possession within legal limits. That does not create a blanket employment protection for recreational use. Workplace conduct, medical protections, and federal testing obligations remain separate questions.

The Cannabis Control Authority’s July 2026 update schedules regulated retail marijuana sales to begin July 1, 2027. As of this page’s September 7, 2026 review, that launch is future, not an already-operating adult-use retail market.

Virginia CCA — 2026 Law Changes

Certified Medical Use Is Protected

Section 40.1-27.4 prohibits discharge, discipline, or discrimination against a covered employee for lawful cannabis-oil use pursuant to a valid written practitioner certification for a diagnosed condition or disease.

The section expressly includes state and local government employers, while excluding law-enforcement officers from its employee definition. Evaluate the actual statutory coverage rather than extending the rule to every applicant or every cannabis product.

Official source: Virginia Code § 40.1-27.4

Impairment, Federal, and Defense Exceptions

The law preserves action for cannabis-oil-related work impairment and allows employers to prohibit possession during work hours. It does not require violation of federal law or loss of a federal contract or federal funding.

A defense industrial base employer or prospective employer need not hire or retain an applicant or employee whose THC result exceeds 50 ng/ml in urine or 10 pg/mg in hair. These are statutory exception thresholds, not a universal definition of impairment.

Official source: Virginia Code § 40.1-27.4

Medical Access and THC Panel Selection

Virginia patients access medical cannabis using a written practitioner certification and identification at a licensed dispensary; a separate medical registration card is not required. Confirm current program instructions with the Cannabis Control Authority.

Choose THC or no-THC panels according to your lawful policy. A certification does not guarantee a negative test, and a urine metabolite result alone does not establish current impairment. DOT testing remains separate and cannot be replaced by a no-THC panel.

Virginia CCA — Medical Cannabis FAQs

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.