Drug testing in Arkansas

State laws, marijuana laws, and employer compliance

Recreational marijuana: IllegalMedical marijuana: LegalDOT rules apply nationwide

For employers

Arkansas drug testing laws

Governing law

Arkansas Voluntary Program for Drug-Free Workplaces (Ark. Code Ann. § 11-14); Arkansas Code § 11-3-203; Arkansas Medical Marijuana Amendment (Amendment 98)

What you can do

Employer rights

  • Pre-employment testing after conditional job offers
  • Random testing
  • Reasonable suspicion testing for covered employers
  • Post-accident testing
  • Routine fitness-for-duty testing
  • Return-to-duty and follow-up testing
  • Denying employment or terminating based on positive results
What you must do

Compliance requirements

  • Maintain written drug-free workplace policies
  • Give at least 60 days' notice before implementation
  • Include testing notices in job postings
  • Use certified labs and medical review officers
  • Follow DOT-style chain-of-custody procedures
  • Let employees contest or explain positive results within required timeframes

Arkansas specifics

Arkansas Voluntary Drug-Free Workplace Program Benefits

  • Workers' compensation premium discounts
  • Enhanced legal protections
  • Safer workplaces
  • Reduced liability risk

Cannabis

Arkansas marijuana laws

Recreational · Illegal

Recreational use

  • Recreational marijuana remains prohibited
  • Unauthorized possession may result in criminal penalties
Medical · Legal

Medical use

  • Legal for qualifying patients under Amendment 98
  • Registered patients have limited anti-discrimination protections
At work

Workplace impact

  • Employers generally cannot discriminate solely based on medical marijuana cardholder status
  • Employers may still enforce drug-free workplace policies
  • Employers may prohibit on-duty use, possession, or impairment
  • Safety-sensitive positions may exclude medical marijuana users
  • Positive marijuana tests may still affect employment depending on job role and employer policy

Best practices

Staying compliant in Arkansas

Establish written drug-free workplace policies
Provide required employee and applicant notice
Use certified providers
Stay current on medical marijuana law developments
Follow Arkansas procedural standards
Apply policies consistently and fairly

Our services

Testing services in Arkansas

NTS provides accurate, confidential, and legally defensible testing through our nationwide collection network.

Urine drug testingHair follicle testingOral fluid (saliva) testingNail drug testingDOT drug and alcohol testingCourt-ordered testingRandom and pre-employment screening

Sources & legal references

  1. Ark. Code Ann. § 11-14
  2. Ark. Code § 11-3-203
  3. Arkansas Department of Health, Medical Marijuana
  4. Arkansas Department of Labor and Licensing
  5. U.S. DOT Drug & Alcohol Testing Regulations
  6. NCSL Marijuana Laws by State

Laws change often. This page is general information, not legal advice. Check official state agencies or consult legal counsel for current requirements.

Testing employees in Arkansas?

Call the office to set up a compliant program, or schedule onsite collections.

Office601-602-2445 Onsite601-633-7733
Visit1520 Adeline St, Ste. 20, Hattiesburg, MS 39401