National Testing Services Contact

Drug testing in Texas

State laws, marijuana laws, and employer compliance

Recreational marijuana: IllegalMedical marijuana: LimitedDOT rules apply nationwide
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For employers

Texas drug testing laws

Governing law

No comprehensive Texas law restricts private employer drug testing; the Texas Compassionate Use Program (CUP) governs limited medical cannabis access

What you can do

Employer rights

  • Pre-employment screening permitted
  • Random testing allowed
  • Post-accident testing permitted
  • Reasonable suspicion testing lawful
  • Return-to-duty and follow-up testing allowed
  • Employers may refuse to hire or terminate after positive results
What you must do

Compliance requirements

  • Maintain written drug-free workplace policies
  • Apply policies consistently
  • Avoid discriminatory testing
  • Use certified labs
  • Follow federal rules for DOT and safety-sensitive roles
  • Provide written notice of testing policies

Texas specifics

Hemp and CBD

  • Hemp-derived products under 0.3% Delta-9 THC are generally legal
  • Rules are still changing
  • Some hemp-derived THC products may face legal restrictions

Cannabis

Texas marijuana laws

Recreational · Illegal

Recreational use

  • Remains illegal
  • Possessing small amounts can bring criminal penalties
  • THC products above legal hemp limits may be prosecuted
Medical · Limited

Medical use

  • Limited program through the Compassionate Use Program
  • Access is restricted to qualifying medical conditions
At work

Workplace impact

  • Medical marijuana users generally lack employment protection for positive THC tests
  • Employers can still enforce zero-tolerance policies

Best practices

Staying compliant in Texas

Establish a written policy
Communicate it clearly
Use certified testing providers
Enforce policies without discrimination
Monitor changing marijuana regulations

Our services

Testing services in Texas

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. Texas Workforce Commission
  2. Texas Compassionate Use Program
  3. U.S. DOT Drug & Alcohol Testing Regulations
  4. NCSL State Medical Marijuana Laws

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

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Testing employees in Texas?

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