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

South Carolina has no statute that limits pre-employment drug testing by private employers, and it has no medical or adult-use marijuana law, so employers may test job applicants and act on a confirmed positive result. As of October 2026, three statutes shape how a program is built: S.C. Code § 41-1-15 sets the policy statement, notice and confidentiality rules for an employer drug prevention program; § 38-73-500 gives qualifying programs a workers' compensation premium credit of at least 5% and requires random testing; and the Drug-Free Workplace Act (§ 44-107-30) requires a drug-free workplace certification before a business receives a state contract or grant of $50,000 or more.

Does South Carolina have a drug testing law for private employers?

Not one that restricts testing. South Carolina's statutes describe what a voluntary program must contain if an employer wants its benefits, and what a state contractor must certify. An employer that does neither may still test applicants under its own written policy. The existing South Carolina hiring guide covers the notice-at-hire and E-Verify steps around the test; this page covers the testing rules themselves.

What does a South Carolina drug prevention program require?

S.C. Code § 41-1-15, enacted by 1997 Act No. 92, says an employer "may establish a drug prevention program in the workplace pursuant to Section 38-73-500(B)," and that the program "shall include":

1. A substance abuse policy statement that "balances the employer's respect for individuals with the need to maintain a safe, productive, and drug-free environment," with the message that illegal use of nonprescription controlled substances or abuse of alcohol is incompatible with employment at the workplace.
2. Notice to every employee of the program and its policies "at the time the program is established by the employer or at the time of hiring the employee, whichever is earlier." For a new hire, that means the policy goes out no later than the hire, which in practice means with the conditional offer that triggers the test.

The same section makes test information confidential. All information, interviews, reports and test results the employer receives "through a substance abuse testing program" are confidential communications (they may still be used in civil or administrative proceedings), and employers, laboratories, medical review officers, insurers and treatment programs must keep them confidential. Results "shall not be released for or used or admissible in any criminal proceeding against the employee." Any other release needs a written consent form with five elements: who may obtain the information, the purpose, the precise information disclosed, the duration of the consent and the employee's signature.

How does the workers' compensation premium credit work?

S.C. Code § 38-73-500(B) requires the merit rating system for workers' compensation insurance to include "a credit of at least five percent for an insured who participates in a program designed to prevent the use of drugs or alcoholic beverages on the job." If the Director of the Department of Insurance finds 5% actuarially unsound, a smaller sound credit applies. Section 38-73-505 applies the reduction to policies issued or renewed on or after October 1, 1997. The director certifies programs and may set guidelines, which insurers use unless they have their own, and any guidelines must include the § 41-1-15 policy statement and notice.

Section 38-73-500(C) adds the testing mechanics for a credit program:

• Random testing of "all persons who receive wages and compensation in any form from the employer."
• Split samples. If a second test is given, a single sample may be split for the first and second tests (the 2014 amendment replaced an older rule requiring a second test within thirty minutes).
• Written results within 24 hours. "Positive test results must be provided in writing to the employee within twenty-four hours of the time the employer receives the test results."
• Records. "Each employer must keep records of each test for up to one year."

The statute does not itself say when applicants must be tested, so the timing of a pre-employment test is set by your policy and your carrier's guidelines. Ask the carrier for its guidelines before you claim the credit.

What testing standards hold up in South Carolina?

The clearest statutory standard for a defensible test is in the unemployment law. S.C. Code § 41-35-120(3)(a) disqualifies a worker discharged for illegal drug use when the company "has communicated a policy prohibiting the illegal use of drugs" and the worker refused a test, gave an adulterated specimen or tested positive, provided that:

• the sample was collected and labeled by a licensed health care professional or another person authorized by federal or state law to collect samples;
• the test was performed by a laboratory certified by HHS/SAMHSA, the College of American Pathologists or the State Law Enforcement Division; and
• an initial positive was confirmed by gas chromatography/mass spectrometry or an equivalent or more accurate method approved by HHS/SAMHSA.

The section defines "unlawfully" as "without a prescription." The rule is written for discharged employees, not applicants, but building your pre-employment collection, laboratory and confirmation steps to the same standard means the same process holds up if the person is later hired and tested again. Separately, § 42-9-60 bars workers' compensation when an injury was "occasioned by the intoxication of the employee," with the burden of proof on the party claiming it.

Does South Carolina protect marijuana use by job applicants?

No. South Carolina has not legalized medical or adult-use marijuana. In the 2025-2026 session, the Compassionate Care Act, S. 53, was referred to the Senate Committee on Medical Affairs on January 14, 2025 and shows no further action. "Julian's Law," in Article 18 of Chapter 53, Title 44, covers cannabidiol in FDA-approved clinical trials for patients with severe forms of epilepsy and contains no employment protections. An employer may treat a confirmed THC positive like any other positive under its policy.

South Carolina's Code contains no employment protection for holders of another state's medical card either. For roles that cross state lines, check the rules of the state where the work is actually performed, as the drug testing laws in hiring overview explains.

What must state contractors and grantees do?

The Drug-Free Workplace Act, S.C. Code § 44-107-30, bars a business from receiving a state grant or contract "for a stated or estimated value of fifty thousand dollars or more" unless it certifies to the agency that it will provide a drug-free workplace by:

1. publishing a statement prohibiting the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace and the actions taken for violations;
2. running a drug-free awareness program covering the dangers of drug abuse, the policy, available counseling and assistance, and penalties;
3. giving every employee working on the contract a copy of the statement, and telling them they must abide by it and report any workplace drug conviction within five days;
4. notifying the agency within ten days of learning of such a conviction; and
5. within thirty days, taking personnel action or requiring a rehabilitation program (§ 44-107-50).

A false certification or failure to follow it can lead to suspended payments, termination and debarment of one to five years (§§ 44-107-60, 44-107-70). The act does not require testing; it requires a policy and a response to convictions.

Which federal rules still apply in South Carolina?

• DOT testing for commercial drivers and other safety-sensitive transportation roles follows 49 CFR Part 40, with a verified negative before the first safety-sensitive function (49 CFR 382.301). South Carolina's unemployment statute, § 41-35-120(4)(iv), lists failing to comply with drug and alcohol testing rules such as Part 40 and Part 382 as gross misconduct.
• Rescheduling. The April 28, 2026 final order moved FDA-approved and state-medical-license marijuana to Schedule III, but DOT's Part 40 Q&A (updated May 15, 2026) says a marijuana positive still cannot be verified negative on the strength of any state card.
• Federal contractors follow the FAR Drug-Free Workplace clause, which parallels the state act.
• The ADA: see pre-employment medical exams under the ADA for asking about prescriptions after a positive.

What should staffing agencies placing workers in South Carolina do?

• Get a five-element consent before sharing results. Section 41-1-15(C) allows release only on a written consent form signed by the employee; build one that names the client into your post-offer paperwork.
• Random testing covers temporary workers. If your agency claims the credit, § 38-73-500(C) random sampling reaches "all persons who receive wages and compensation in any form from the employer," which includes workers on assignment and on your payroll.
• Hand out the policy at the offer. The § 41-1-15 notice is due by the time of hiring, so send it with the conditional assignment offer.
• State-agency clients. Staffing a state contract worth $50,000 or more requires the § 44-107-30 certification, and every worker on the contract gets the statement.

For agency registration and employer-of-record questions, see South Carolina staffing agency licensing and employer of record in South Carolina; for checks and screening calls, South Carolina background check laws, South Carolina E-Verify requirements and South Carolina's recording consent law.

South Carolina drug testing laws at a glance

A checklist before you test a candidate in South Carolina

1. Write the substance abuse policy statement and decide whether to seek the premium credit.
2. If you seek it, get your carrier's guidelines and set up random testing of everyone on payroll.
3. Give the policy to the candidate with the conditional offer.
4. Use a licensed collector and a SAMHSA, CAP or SLED-certified lab, and confirm positives by GC/MS.
5. Give a positive result in writing within 24 hours if you run a credit program, and keep records for a year.
6. Use a signed five-element consent before any result leaves your file.
7. Draft from the drug testing policy template; neighboring North Carolina and Georgia have their own rules.