Arizona drug testing laws for employers: pre-employment testing rules (2026)

Arizona does not require drug testing, but it rewards employers that test by the book. As of October 2026, an employer that adopts a written policy and tests under A.R.S. 23-493 to 23-493.11 gets protection from most lawsuits over acting on a positive result, may refuse to hire an applicant who tests positive or refuses, and may decide whether to pay for applicant tests. The main limit is medical marijuana: A.R.S. 36-2813 bars refusing to hire a registered patient because of a positive test alone, unless the patient used or was impaired at work, while the adult-use law gives applicants no off-duty protection.

Does Arizona have a drug testing law for private employers?

Yes, but compliance is voluntary. A.R.S. 23-493.08(C) says compliance by employers is voluntary and that no cause of action arises just because a policy does not comply. The incentive to comply is A.R.S. 23-493.06: an employer that has established a policy and testing program under the article cannot be sued for good-faith actions based on a positive test, for failing to test, for good-faith beliefs about drug use or impairment at work, and more.

The definitions in A.R.S. 23-493 are broad:

• Employer includes the state, political subdivisions and any private business, labor organization or employment agency with one or more full-time employees.
• Prospective employee is anyone who has applied, in writing or orally. No conditional offer is required before testing.
• Sample includes urine, blood, breath, saliva and hair.
• Safety-sensitive position is any job the employer designates, or any job whose tasks the employer in good faith believes could affect safety or health, including driving, operating or repairing machinery, working in customers' homes or businesses, preparing or handling food or medicine, and occupations licensed under Title 32.

What are Arizona's rules for pre-employment drug tests?

To get the statute's protection, the testing program must follow these steps:

1. Write and distribute the policy. Testing must follow a written policy distributed to every employee subject to testing or made available like other personnel policies, and the employer must tell prospective employees that they must undergo drug testing (A.R.S. 23-493.04(A)). The policy states who is tested and when, the substances, the methods, the consequences of refusing, the possible personnel actions, the employee's right to the written results and to explain a positive in confidence, and confidentiality.
2. Include everyone. If an employer institutes testing, all compensated employees, including officers, directors and supervisors, are uniformly included in the policy (section 23-493.04(D)).
3. Decide who pays. The employer pays for testing current employees and may, at its discretion, pay for testing prospective employees (A.R.S. 23-493.02).
4. Collect and document. Samples are collected in reasonable and sanitary conditions, labeled to avoid misidentification, and the person tested can report prescription or nonprescription drugs and other medical information (A.R.S. 23-493.03).
5. Use an approved lab. Drug testing is done at a laboratory approved or certified by the U.S. Department of Health and Human Services, the College of American Pathologists or the Arizona Department of Health Services. The statute requires confirmation of positive results for employees by a different chemical method, such as GC/MS; confirming applicant positives the same way is the safer practice.
6. Act on the result under the policy. A positive result or a refusal by a prospective employee may be the basis for refusing to hire (A.R.S. 23-493.05).

Test communications are confidential, may be disclosed only to the person tested, the employer's designated reviewers and authorized tribunals, and samples may be tested only for unlawful drugs or alcohol (A.R.S. 23-493.09). If a decision rested on a false positive, a compliant employer gets a rebuttable presumption that the result was valid and is not liable for reasonable, good-faith reliance (A.R.S. 23-493.07).

What does Arizona say about marijuana and hiring?

Arizona has two cannabis laws, and they point in different directions for employers:

• Medical marijuana. Under A.R.S. 36-2813(B), unless it would cost the employer a monetary or licensing benefit under federal law, an employer may not discriminate in hiring, termination or terms of employment based on a person's status as a cardholder, or on a registered qualifying patient's positive test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises or during hours of employment. A.R.S. 36-2814 adds that a patient is not considered under the influence solely because metabolites appear in a concentration insufficient to cause impairment, and that employers may discipline for using marijuana at work or working under the influence.
• Adult-use marijuana. A.R.S. 36-2851, in the voter-approved Responsible Adult Use of Marijuana chapter, says the law does not restrict an employer's right to keep a drug- and alcohol-free workplace or to have policies restricting marijuana use by employees or prospective employees, and does not require accommodation at work.
• Safety-sensitive positions. A.R.S. 23-493.06(A)(7) protects an employer that excludes an employee from a safety-sensitive position, by reassignment or leave, on a good-faith belief that the employee is currently using any drug, "whether legal, prescribed by a physician or otherwise", that could cause impairment.

In practice: a THC-positive applicant without a registry card can be turned down under a compliant policy; a registered patient generally cannot be turned down on the test alone, but can be kept out of safety-sensitive work on a documented good-faith belief about impairment.

Which federal rules still apply in Arizona?

• DOT-regulated roles follow 49 CFR Part 40, and drivers need a verified negative pre-employment result before their first safety-sensitive function (49 CFR 382.301). Under A.R.S. 23-493.11, an employer with a mandatory state or federal program keeps the statute's protections if it follows those requirements.
• Rescheduling. The April 28, 2026 order moved FDA-approved and state-medical-license marijuana to Schedule III, but DOT's Part 40 guidance (May 15, 2026) says an Arizona registry card still cannot make a DOT positive negative.
• Federal contractors follow the FAR Drug-Free Workplace clause, and 36-2813 yields where a federal benefit is at stake.
• The ADA: see pre-employment medical exams under the ADA.

What should staffing agencies placing workers in Arizona do?

• The agency is an employer under the statute, so its own written policy, not only the client's, must meet A.R.S. 23-493.04 for the agency to claim the litigation protections.
• Designate safety-sensitive assignments. The statute lets the employer designate them; list forklift, driving, machinery, in-home service and food or medicine handling assignments in the policy and the job order.
• Tell candidates up front. The policy must inform prospective employees that testing is required, so say so in job posts and at registration.
• Licensing: see Arizona staffing agency licensing.

Arizona drug testing laws at a glance

A checklist before you test a candidate in Arizona

1. Write the policy with every element in A.R.S. 23-493.04(A), and include all paid staff in it.
2. Tell candidates in the posting or application that testing is required.
3. Use an HHS-, CAP- or ADHS-approved lab, confirm positives and use an MRO.
4. For THC positives, have the MRO check for a registry card before you decide.
5. Document the duties that make a role safety-sensitive.

For other states, read drug testing laws in hiring; for policy wording, use the pre-employment drug testing policy template; and for E-Verify, withholding and new-hire steps, see hiring employees in Arizona. Florida also uses a voluntary program with legal incentives.