Rhode Island cannabis employment and drug testing law

• § 21-28.11-29(d) provides that an employer may not fire or take disciplinary action against an employee solely for the employee’s private, lawful use of cannabis outside the workplace, as long as the employee is not working under the influence.

• Employers may enforce policies prohibiting use or being under the influence at work, including while working remotely.
• Exceptions apply where a collective bargaining agreement prohibits use, where the employer is a federal contractor or would lose a federal benefit, and for jobs that are hazardous or involve public safety.
• For those hazardous jobs, an employer may prohibit use in the 24 hours before a shift; the statute gives operating an aircraft, watercraft, or heavy equipment as examples.

• This section protects off-duty use but does not itself regulate testing methods.

Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.

Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.

For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.