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

Wyoming has no statewide law that regulates drug testing by private employers, as of October 2026: we found no testing statute in the Wyoming Statutes, and the Department of Workforce Services' Labor Standards FAQ answers "Yes" when employers ask whether they can require applicants to pay for drug tests. The state rewards testing instead of regulating it. W.S. 27-14-201(o) allows a workers' compensation discount of up to 10% of the base rate for an approved drug and alcohol program, which the department ties to testing every new hire. Wyoming has no medical or adult-use marijuana law, so a confirmed THC positive can be treated like any other positive.

Does Wyoming have a drug testing law for private employers?

No. Wyoming does not tell private employers when they may test, what notice to give, which laboratory to use or how to confirm a positive, so those choices belong in your written policy. Our guide to hiring employees in Wyoming reached the same conclusion. What does apply:

• the Department of Workforce Services (DWS) Labor Standards FAQ on who pays;
• the workers' compensation discount in W.S. 27-14-201(o) and the injury definition in W.S. 27-14-102;
• the tobacco protection in W.S. 27-9-105(a)(iv); and
• federal rules for DOT-regulated jobs, such as commercial driving and pipeline work, and for federal contractors.

Can a Wyoming employer make applicants pay for a drug test?

Yes, according to the state. The DWS Labor Standards FAQ asks "Can I require applicants to pay for background checks or drug tests?" and answers "Yes." That sets Wyoming apart from neighbors: Idaho's voluntary act takes away an unemployment rule from employers that charge applicants for a negative test, and North Dakota makes employers pay for every test by statute.

Being allowed to charge is not the same as it being wise. A fee screens out candidates who cannot pay it up front, which matters for hourly roles, and it does not answer how to recover costs from someone already on payroll; the same DWS FAQ allows deductions from wages only in certain situations. If you join the workers' compensation discount program, below, every new hire must be tested, so weigh whether a fee will cost you candidates.

What does Wyoming's workers' compensation drug testing discount require?

W.S. 27-14-201(o) directs the Workers' Compensation Division to grant a discount "not to exceed ten percent (10%) of the base rate for the employment classification if the employer complies with a drug and alcohol testing program approved by the division." Separate discounts of up to 10% each are available for an approved safety program and a health and safety consultation program, and the total of all three may not exceed 30% of the base rate. In approving programs, the Division considers, among other factors, whether the employer "adopts and enforces policies establishing a drug-free workplace," and its rules may not require an employer to pay for treatment.

DWS's discount programs page sets the practical bar for the Drug & Alcohol Discount:

• "100% pre-employment testing, post-accident testing, reasonable suspicion testing, and 20% random drug testing a year";
• at least one hour of employee and two hours of supervisor substance abuse training per year, with training records kept; and
• an annual renewal application after the employer is accepted.

In other words, an employer in the program cannot pick and choose which new hires to test. If you join, write the 100% pre-employment rule into your policy and apply it to every hire.

How does Wyoming workers' compensation treat an injury caused by drugs?

The definition of "injury" in W.S. 27-14-102(a)(xi)(B)(I) excludes an injury caused by "the fact the employee is intoxicated or under the influence of a controlled substance, or both, except any prescribed drug taken as directed by an authorized health care provider," and leaves it to the Division to define "intoxicated" and "under the influence of a controlled substance" in its rules. A prompt post-accident test under a written policy is the evidence that defense depends on, which is one reason the discount program requires post-accident testing.

What does Wyoming say about marijuana and hiring?

Wyoming has no medical or adult-use marijuana program, and marijuana is listed in Schedule I of the state's controlled substances act (W.S. 35-7-1014). The article that once allowed supervised medical use of hemp extracts, W.S. 35-7-1901 to 35-7-1903, was repealed in 2019. We found no Wyoming statute that protects off-duty marijuana use or out-of-state medical card holders in hiring, so for a job performed in Wyoming an employer may apply its policy to a confirmed THC positive.

The off-duty rule Wyoming does have is about tobacco. W.S. 27-9-105(a)(iv) makes it a discriminatory practice to require "as a condition of employment that any employee or prospective employee use or refrain from using tobacco products outside the course of his employment," unless non-use is a bona fide occupational qualification. Keep nicotine off any panel used for hiring decisions.

The state line matters. A worker who lives in Wyoming but works in Colorado or Montana, where adult-use cannabis is legal, is screened under that state's rules for that job, and Utah has a medical cannabis program with separate rules for public and private employers.

Which federal rules still apply in Wyoming?

• DOT-regulated roles. Commercial drivers, pipeline workers and other covered transportation employees follow 49 CFR Part 40, and a driver needs a verified negative pre-employment result before the first safety-sensitive function (49 CFR 382.301).
• Rescheduling. The April 28, 2026 final order moved FDA-approved and state-medical-license marijuana to Schedule III. DOT's Part 40 Q&A, updated May 15, 2026, says a marijuana positive still cannot be verified negative because of a state card, which matters for drivers who hold a card from another state.
• Federal contractors follow the FAR Drug-Free Workplace clause.
• The ADA: a test for illegal drugs is not a medical exam, but questions about prescriptions after a positive are; see pre-employment medical exams under the ADA.

What should staffing agencies placing workers in Wyoming do?

• Decide who pays, and say so in the posting. Charging applicants is allowed, but tell candidates before they apply, and settle with the client who pays for tests the client requires.
• If you claim the discount, test every hire. The program's 100% pre-employment rule covers the temporary workers on your own payroll, and your random pool has to reach 20% a year.
• Train supervisors. The discount requires two hours of supervisor training a year; include on-site leads who make reasonable-suspicion referrals.
• Screen by the job's location. For assignments in Colorado or Montana, use that state's rules.

For registration, see Wyoming staffing agency licensing; for coverage questions, workers' compensation for staffing agencies; and for the rest of onboarding, Wyoming E-Verify requirements and Wyoming background check laws.

Wyoming drug testing laws at a glance

A checklist before you test a candidate in Wyoming

1. Write a policy that covers pre-employment, post-accident and reasonable-suspicion testing.
2. Decide who pays and say so in the job posting or offer.
3. If you want the workers' compensation discount, test every new hire, run a 20% random pool and log the training hours.
4. Use a laboratory that confirms positives and a medical review officer who asks about prescriptions.
5. Leave tobacco off any test used for hiring decisions.
6. Draft from the drug testing policy template, compare states in drug testing laws in hiring, and see neighboring Nebraska and South Dakota.