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

Vermont has one of the strictest drug testing statutes in the country, 21 V.S.A. §§ 511–519. An employer may test an applicant only after an offer conditioned on a negative result, with non-waivable written notice of the procedure and the drugs tested, using a laboratory designated by the Department of Health, a certified Medical Review Officer and confirmation of positive urine screens, and never a blood sample. Random or company-wide testing of employees is banned unless federal law requires it, and violations carry civil penalties of $500 to $2,000, as of October 2026.

Vermont drug testing rules at a glance

Does Vermont have a drug testing law for employers?

Yes, and it is mandatory for anyone who tests. The subchapter took effect September 1, 1987 and was last amended in 2024. Its definitions in § 511 reach broadly: an "employer" includes any individual, business or governmental body with "one or more individuals performing services for it within this State," or which "has offered or may offer employment" to anyone, and an "employment agency" is anyone who procures, refers, recruits or places workers for an employer. Collectors must be certified by an HHS-approved collector certification program and recertified every three years.

When can a Vermont employer test a job applicant?

Section 512(a) starts with a ban: an employer or employment agency may not, as a condition of employment, request or require an applicant to take a drug test, administer one, or ask the applicant to consent to a prohibited practice. Subsection (b) then allows an employer to test an applicant only if all three conditions are met:

1. Conditional offer. "The applicant has been given an offer of employment conditioned on the applicant receiving a negative test result."
2. Notice. The applicant received "written notice of the drug testing procedure and a list of the drugs to be tested," and the notice states "that therapeutic levels of medically prescribed drugs tested will not be reported." The notice "may not be waived by the applicant."
3. Procedure. The test is administered under § 514.

What procedures does Section 514 require?

Section 514 applies to applicant and employee tests alike:

• Only listed drugs, only at nontherapeutic levels. The list in § 511(3) covers Schedule I drugs, alcohol and named substances including amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, opiates, oxycodone, methadone and phencyclidine. A drug detected at a therapeutic level must be reported as negative, and the report may not mention it.
• A written policy for everyone tested, covering when tests happen, the procedure, the drugs screened, a statement that over-the-counter medications may cause a positive, and the consequences of a positive.
• No blood samples may be requested or required, and only a laboratory designated by the Department of Health may be used (§ 518 sets the designation standards).
• Chain of custody that protects the anonymity of the person tested.
• Confirmation. Positive urine screens must be confirmed by gas chromatography with mass spectrometry or an equivalent quantitative method, and a lab may report a positive only if both tests are positive. At the person's request and expense, a blood sample may be drawn at the time of the urine collection and preserved for later testing.
• Medical Review Officer. The employer must contract with or employ a certified MRO, a licensed physician, who reviews results, reports them to the person tested and reports "only confirmed drug test results to the employer." Positive samples are preserved for at least 90 days after the person gets the result.

After a positive, § 515 requires the MRO to contact the person personally, explain the result and why it may not be accurate, and offer a retest of part of the sample at an independent laboratory at the person's expense. Under § 516, health information is collected only by the MRO and results stay confidential; results released in violation of the subchapter are inadmissible.

Can Vermont employers test for cannabis?

Yes, within these rules. Cannabinoids are on the § 511(3) list, so an applicant with a conditional offer can be tested for them with the required notice and procedures. Vermont's adult-use possession statute, 18 V.S.A. § 4230a(e), protects the employer side: it does not require an employer to "permit or accommodate" cannabis in the workplace, does not prevent a policy prohibiting cannabis use in the workplace, and does not create a cause of action for an employee discharged for violating a policy restricting cannabis use. Unlike New York or New Jersey, we found no Vermont statute that bars a hiring decision based on lawful off-duty cannabis use. Check for changes before relying on that.

What about current employees and random tests?

Section 513(b) says an employer "shall not request, require, or conduct random or company-wide drug tests, except when such testing is required by federal law or regulation." An individual employee may be tested only with probable cause of drug use or influence on the job, a bona fide rehabilitation program available, and § 514 procedures. An employee who tests positive and completes the program may not be fired for that result, though a suspension of up to three months is allowed.

Which federal rules still apply in Vermont?

• DOT testing. Commercial drivers need a verified negative result before first performing safety-sensitive functions (49 CFR § 382.301), under 49 CFR Part 40, and random DOT testing is the kind "required by federal law or regulation" that § 513(b) allows. Under § 40.151(e), a state-law marijuana recommendation does not change a positive.
• Federal contractors. The Drug-Free Workplace Act (41 U.S.C. § 8102) requires a policy statement and awareness program; it does not require testing, so it does not override Vermont's limits.

What should staffing agencies placing workers in Vermont do?

1. Know which role you are in. The ban in § 512(a) names employment agencies, but the exception in § 512(b) names only "an employer." An agency that employs the temporary workers it places is their employer. A search or placement firm that only refers candidates should leave testing to the client after the client's conditional offer, and confirm the point with counsel.
2. Never test at registration. A test before a specific conditional offer is outside the exception.
3. Use the client's or your own compliant program, with a designated lab, certified collector and MRO, and keep the notice on file.

The rest of Vermont's hiring rules are in our Vermont hiring checklist and Vermont ban-the-box guide.

Checklist: before you drug test an applicant in Vermont

1. Make a written job offer conditioned on a negative result.
2. Give written notice of the procedure and drug list, including the therapeutic-levels statement.
3. Give the written § 514 policy to the applicant.
4. Use a designated lab, a certified collector and a certified MRO; no blood samples.
5. Make sure positives are confirmed and that the MRO offers the independent retest.
6. Keep results confidential and out of interview notes.
7. Start from the drug testing policy template, then compare Minnesota's statute and the overview in drug testing laws in hiring.