The short answer
Cannabis is illegal under federal law. It sits in Schedule I of the Controlled Substances Act. A 2024 DEA proposal to move it to Schedule III is not final as of 2025.
Federal law does not stop private employers from testing job applicants. State law does, in about a dozen states. The answer depends on three things: the state, the job, and who pays the employer.
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Federal rules
- Drug-Free Workplace Act of 1988: applies to federal contractors with contracts of $100,000 or more and to federal grant recipients. Those employers must maintain a drug-free workplace.
- DOT rules under 49 CFR Part 40: cover safety-sensitive transportation workers. Truck drivers with a CDL, railroad crews, pilots, transit operators, and pipeline workers fall under these rules.
- DOT stated in 2020 that a medical cannabis recommendation does not excuse a positive test.
State protections
California, Washington, Nevada, New York, New Jersey, Connecticut, Montana, Minnesota, Illinois, Rhode Island, and Virginia have laws that limit pre-employment cannabis screening or adverse action. The details differ.
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- California AB 2188, effective Jan. 1, 2024: bars discrimination based on off-duty use and bars tests for non-psychoactive metabolites. Exempts federal employees, federal contractors, DOT positions, and building and construction trades.
- Washington SB 5123: bars pre-employment cannabis testing for most jobs. Exempts safety-sensitive roles, federal contractors, and DOT positions.
- Nevada AB 132, passed in 2019: bars refusal to hire based on a pre-employment cannabis test. Exempts safety-sensitive jobs, emergency responders, and positions that require a federal background check.
- New York: Labor Law 201-d protects off-duty use. New York City bans pre-employment THC testing for most jobs.
- New Jersey: CREAMMA bars adverse action based on a cannabis test alone.
Some states allow employers to test but limit what they can do with the result. Others ban the test itself. Read the state statute, not a summary.
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Exceptions in most state laws
- Safety-sensitive duties: operating heavy machinery, handling firearms, working with children.
- Federal contractors and federal grant recipients.
- DOT-covered positions.
- Positions that require a federal security clearance or background check.
- Collective bargaining agreements that address testing.
What the tests detect
No test measures impairment. Each one detects past use.
- Urine: detects THC-COOH, a non-psychoactive metabolite. Window of about 3 days after one use, up to 30 days with heavy chronic use.
- Oral fluid: detects parent THC. Window of 1 to 2 days.
- Hair: window of up to 90 days. Detects use, not timing.
- Blood: window of hours. Used in few pre-employment programs.
A positive result does not show when a person used or whether they were impaired at work.
What to check before applying
- State statute for off-duty use protections.
- Job classification: safety-sensitive or not.
- Federal contract or DOT status of the employer.
- Written policy in the job posting or handbook.
- Collective bargaining agreement, if one applies.
Unknown: how courts will treat pending rescheduling and new state laws. State legislatures act each year.