---
kind: "section"
citation: "20 C.F.R. § 620.4"
title: "20"
number: "620.4"
heading: "Testing of unemployment compensation applicants for the unlawful use of a controlled substance."
url: "https://uscodex.org/cfr/20/620.4"
---

# §620.4. Testing of unemployment compensation applicants for the unlawful use of a controlled substance.

- (a) States may require drug testing for unemployment compensation applicants, as defined in [§ 620.2](/cfr/20/620.2.md), for the unlawful use of one or more controlled substances, as defined in [§ 620.2](/cfr/20/620.2.md), as a condition of eligibility for unemployment compensation, if the individual is one for whom suitable work, as defined in State law, as defined in [§ 620.2](/cfr/20/620.2.md), is only available in an occupation that regularly conducts drug testing as identified under [§ 620.3](/cfr/20/620.3.md).
- (b) A State conducting drug testing as a condition of unemployment compensation eligibility, as provided in [paragraph (a)](#a) of this section, may only elect to require drug testing of applicants for whom the only suitable work is available in one or more of the occupations listed under [§ 620.3](/cfr/20/620.3.md). States are not required to apply drug testing to any applicants for whom the only suitable work is available in any or all of the occupations listed.
- (c) **No State is required to drug test UC applicants under this part 620.**

## Notes

### Authority

Authority: 42 U.S.C. 1302(a); 42 U.S.C. 503(l)(1)(A)(ii).

### Source

Source: 84 FR 53051, Oct. 4, 2019, unless otherwise noted.