Texas Drug Testing Laws

Texas, being a large and economically significant state, has several regulations in place regarding drug testing in the workplace. However, unlike some states, Texas doesn't have a comprehensive drug-testing statute for private employers. Still, there are various laws and regulations that employers must consider when implementing drug testing policies.

Marijuana in Texas: Medical marijuana is legal for specific medical conditions under the Texas Compassionate Use Program, but recreational marijuana remains illegal.

For more information visit the Texas Labor Code on the Texas State Legislature website.

Drug Testing Issue	Status	Comments
Instant or POCT Testing	Allowed	Employer's discretion unless otherwise restricted by specific laws.
Drug Panels	Not Specified by law	Up to employer's discretion.
Laboratory	Not Specifically Required	However, using SAMHSA-certified labs can provide a defensible position.
Medical Review Officer (MRO)	Not Required	Though it's recommended for validity and defensibility of tests.
Random Testing	Allowed	With consideration of rights to privacy and potential discrimination claims.
Post-Accident	Allowed	Particularly if impairment is suspected.
Reasonable Suspicion	Allowed	Based on documented observations.
Oral Fluids	Allowed	At employer's discretion.
Hair Testing	Allowed	At employer's discretion.
Unemployment Denial	Possible	If drug use is a violation of the company policy and led to termination.
Workers Comp Premium Reduction	Not Specified	State law doesn't provide a specific drug-free workplace program for this.
Intoxication Defense	Allowed	Workers' compensation claims can be denied if injury is due to intoxication.
Medical Marijuana	Limited Allowance	Only for specific medical conditions under Texas Compassionate Use Program.
Recreational Marijuana	No	Not legalized in Texas.
Report Driver DOT Positives	Follow federal guidelines	Federal DOT regulations are paramount.
General Statute	Varies by specific drug testing situation	Some applicable laws include Texas Labor Code, Texas Health & Safety Code, and others.

It's crucial to note that while this summary provides an overview, it's essential for employers and interested parties to consult with a legal professional for thorough understanding and updates. Information may change over time, and legal nuances may impact specific situations.

Answered by: Andrew David Easler, Esq.
Published: 12/19/2022
Updated: 11/03/2023

We are an education company, not a law firm. The information and content we provide is for general informational purposes only and does not constitute legal advice. We make no representations, warranties, or guarantees regarding the accuracy, completeness, or applicability of the content. It is important to always consult with a qualified attorney for specific legal counsel pertaining to your individual circumstances.