Laws governing the rights and responsibilities involved in the drug testing process vary depending on the state and the exact circumstance. Regarding workplace drug tests, some states prohibit testing, except when an employer has reasonable suspicion or probable cause to do so. In general, workplace drug tests are presumed to be legal unless there is a specific restriction at the state or federal level. Usually, employees have a right to advance notice of testing, and their results remain confidential.
Tests for illicit drug use or alcohol use are often a condition of probation and parole programs. The laws surrounding these tests also vary according to the state and circumstances, but generally, parolees are required to attend drug screen sessions on a regular schedule and must pass a certain number of tests as a condition of their parole or probation plan.