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

Hawaii regulates how drug tests are done rather than whether employers may test. HRS chapter 329B applies to any employer or other "third party" that requests a test: before collection, the applicant gets a written statement of the substances tested and a warning that medications can cause a positive; the test must be run by a Department of Health-licensed or approved SAMHSA-certified laboratory; the employer pays every cost; and an on-site screen must be followed by a laboratory test within four hours before any adverse action. Medical cannabis is legal, but no Hawaii statute protects patients in hiring, and adult-use cannabis is not legal, as of October 2026.

Hawaii drug testing rules at a glance

Does Hawaii have a drug testing law for employers?

Yes. HRS chapter 329B, enacted in 1990, exists "to ensure that appropriate and uniform substance abuse test procedures are employed throughout the State, to protect the privacy rights of persons tested, and to achieve reliable and accurate results" (HRS § 329B-1). It does not require anyone to test and does not limit when an employer may test. It controls how the test is done, and it reaches widely: a "third party" is "any person, agency, employer or any other entity who requests substance abuse testing of another person" (§ 329B-2).

The core rule is in § 329B-3: no third party "shall require, request, or suggest that any individual submit to a substance abuse test that does not meet all the requirements of this chapter," except third parties covered by a drug testing regulation of the state or U.S. Department of Transportation or another federal agency. The same section puts all costs, including confirmatory testing, on the third party.

The Department of Health's State Laboratories Division runs the Substance Abuse Testing program, which licenses medical review officers, certifies Hawaii testing laboratories and issues permits to SAMHSA-certified out-of-state laboratories.

How do you drug test a job applicant in Hawaii?

1. Hand over the written statement first. Under § 329B-5(a), before collection the individual "shall receive a written statement of the specific substances to be tested for and a statement that over-the-counter medications or prescribed drugs may result in a positive test result." No laboratory or on-site screening location may test for anything not on that statement (§ 329B-5(c)), so the statement fixes your panel.
2. Use a qualifying laboratory. Testing in Hawaii must be done by a laboratory licensed by the Department of Health, or one certified by SAMHSA and approved by the director; samples tested out of state go only to SAMHSA-certified laboratories approved by the director (§ 329B-4(a), (b)).
3. Count only confirmed positives. A "positive test result" means a confirmatory finding at or above the director's cutoff levels (§ 329B-2), and confirmatory tests for drugs use a gas chromatograph with a mass spectrometer detector or another method the director approves (§ 329B-4(c)(6)). A result below the cutoff is recorded as negative, and the report may not hint at anything below it (§ 329B-6(b)).
4. Route results through a medical review officer. The statute defines the MRO as someone appointed by the third party "to receive, review, and interpret the results," with qualifications set by the department (§ 329B-2).
5. Pay for everything. All costs, including confirmation, fall on the employer (§ 329B-3).
6. Keep results confidential. Information about a test is not released without the person's informed written consent, except that a positive result is disclosed to the individual, the employer, or the decision maker in a proceeding the individual starts (§ 329B-6(c)).

Getting this wrong has two costs. A result produced without following the chapter is invalid and "may not be reported or otherwise used for any purpose" (§ 329B-6(d)), and a wilful and knowing violation carries a fine of $1,000 to $10,000 per violation, paid to the aggrieved person with court costs and attorney's fees (§ 329B-7).

The four-hour rule for on-site screens

Instant tests are allowed, with conditions in § 329B-5.5. The device must meet FDA requirements or the ISO 13485 manufacturing standard (§ 329B-2), the operator must be trained by the manufacturer or its designee, and the test follows the package insert. A non-negative screen "shall not be used to deny or deprive a person of employment." Instead, the employer has the prospective employee report within four hours to a licensed laboratory for a full test, and pays for that referral. A prospective employee who does not report may be refused employment only if the employer gave written notice that it followed the on-site procedures, that the person could refuse the laboratory test, and that refusing could lead to adverse action.

What does Hawaii say about cannabis and hiring?

• Medical cannabis is legal, but not at work. Hawaii's medical cannabis program is in HRS chapter 329, part IX. Under § 329-122(e)(2)(B), the authorization for medical use does not apply to medical use "in the workplace of one's employment."
• No hiring protection in the statute. The patient protections in § 329-125.5 cover schools, landlords, medical care and child custody; employers are not mentioned. We found no Hawaii statute that bars a pre-employment THC test or refusing to hire a patient who tests positive.
• Adult use is not legal. Bills to legalize it keep being introduced; in the 2026 session, SB 2421 was deferred by its Senate committees on February 18, 2026.
• The statement still governs. If THC is on your panel, it must be on the written substance statement given before collection.

Which federal rules still apply in Hawaii?

• DOT-regulated roles are excepted from § 329B-3 and follow 49 CFR Part 40; a commercial driver needs a verified negative pre-employment result before the first safety-sensitive function (49 CFR 382.301).
• 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 a Hawaii registry card still cannot make a DOT positive negative.
• Federal contractors need the policy statement and awareness program in the FAR Drug-Free Workplace clause; any testing they add for other staff still runs under chapter 329B.
• The ADA: see pre-employment medical exams under the ADA.

What should staffing agencies placing workers in Hawaii do?

• Chapter 329B binds whoever asks for the test. An agency that requests or even suggests a test is a "third party," so it needs its own compliant written statement, laboratory and cost arrangement, whatever the client's policy says.
• Agree the panel with the client in writing. The laboratory may test only for the substances on the statement, so a client that wants THC on the panel must say so before collection.
• Plan for the four-hour referral if you screen on site at a job fair or branch.
• Mind the order of steps. Hawaii also limits when you may ask about convictions; see Hawaii's ban-the-box rules, Hawaii background check laws and the Hawaii hiring checklist.
• Licensing: Hawaii licenses employment agencies under HRS chapter 373; see Hawaii staffing agency licensing.

Hawaii's other hiring rules are in Hawaii's salary history ban, Hawaii pay transparency, E-Verify in Hawaii and Hawaii's recording consent law.

Checklist: before you drug test an applicant in Hawaii

1. Write the substance statement with the medication warning, and hand it over before collection.
2. Use a DOH-licensed lab or an approved SAMHSA-certified lab, and appoint a medical review officer.
3. Never act on an on-site screen; send the applicant to a licensed lab within four hours, at your cost.
4. Act only on a confirmed positive at or above the director's cutoff, and keep results confidential.
5. Use the drug testing policy template and compare other states in drug testing laws in hiring.