Instacart Doesn’t Drug Test — But Don’t Get Caught

Instacart doesn’t drug test any of its Shoppers, but it still expressly forbids any substance use while you’re actively working and that could negatively affect your ability to perform your duties as a Shopper. 

The official Instacart Shopper Agreement also forbids any conduct that violates the law, so, technically, all drug use (including cannabis use in legal states, as it’s still federally illegal) violates the agreement, but Instacart is unlikely to care unless it affects your work or you get arrested for it.

Before we go any further, we need to make absolutely clear that you cannot use substances while working. Driving under the influence is illegal and dangerous and puts yourself and others at risk. 

But even if you don’t use substances while on the job, there are still some ways you could land yourself in trouble with Instacart for off-the-clock usage. 

Instacart’s drug policy technically forbids use, but not explicitly

Before we go into the details, here’s the takeaway: Instacart doesn’t explicitly forbid drug use, but due to the wording in its Shopper agreement, Instacart seems to forbid drug use on a technicality. However, you’re unlikely to run into trouble with Instacart if you follow your state’s laws. 

Even though Instacart doesn’t have a policy of drug testing its Shoppers, its US Shopper Agreement (which you’ll have to sign when you register to be a Shopper) seems to forbid drug use of any kind due to a technicality in the wording. Here’s the relevant section:

• 5.2 Instacart may immediately terminate this Agreement, upon written (including email) notice to you in the event you engage in a material breach of the terms of this Agreement, including, but not limited to, any act that violates Instacart’s Full Service Shopper Account Access Guidelines (https://shoppers.instacart.com/guidelines), such as when you:
  • a. Cause a safety issue;
  • b. Violate applicable local, state, or federal laws or applicable guidance;
  • c. Fail to meet acceptable standards of service with respect to the end result of the Services as specified by the customer;

In the United States, almost all recreational drug use is illegal. Even cannabis, which is medically legal in 38 states and recreationally legal in 24, is still federally illegal. Following point b., if Instacart were to find out that you use cannabis, even in a legal state, it would be within its rights to immediately terminate your contract and deactivate you from the platform.

Of course, for that to happen, Instacart would have to find out that you’re using, which would usually only happen if you get arrested. So, if you live in a state where cannabis is legal and you stay within the bounds of your state’s laws, it’s highly unlikely that Instacart will ever find out and deactivate you — local police officers won’t arrest you for cannabis use, and the federal government has decided to turn a blind eye to cannabis in legal states, so you likely wouldn’t get arrested, and Instacart wouldn’t hear about it. 

If you live in one of the 12 states where cannabis isn’t legal on the state level, then using it could get you arrested, news of which is more likely to make its way to Instacart and get you deactivated.

Similarly, if you violate drug law in another way, such as by transporting cannabis across state lines, which the federal government is more likely to prosecute, or using a scheduled substance other than cannabis, you might get arrested if you’re caught using, and that can affect your ability to work with Instacart. 

Using drugs while working is explicitly forbidden

Although Instacart doesn’t explicitly restrict drug use, it does expressly say that you cannot use drugs while on the job:

• 7.3 ON A CONTINUING BASIS, YOU SHALL BE RESPONSIBLE FOR:
  • a. MAINTAINING A VALID DRIVER’S LICENSE AND BEING MEDICALLY FIT TO OPERATE A MOTOR VEHICLE;
  • b. MAINTAINING ANY OTHER REQUIRED LICENSES, REGISTRATIONS, INSURANCE, AND PERMITS USUAL OR NECESSARY FOR PERFORMING THE SERVICES;
  • c. OWNING OR HAVING THE LEGAL RIGHT TO OPERATE THE VEHICLE YOU OR YOUR PERSONNEL USE WHEN PROVIDING SUCH SERVICES; and
  • d. DRIVING SAFELY AND NOT ENGAGING IN UNSAFE BEHAVIOR, INCLUDING BEING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WHILE DRIVING.

If you use drugs while driving, you’re not only breaking the law and putting yourself and others in danger, but you’re also in clear violation of Instacart’s rules. 

Sometimes, off-the-clock use can be a problem, too

Instacart expects you to maintain high standards of service, and drug use can affect your performance indirectly. For example, some people may feel lethargic the day after using cannabis, and this could potentially impact their ability to deliver. This doesn’t just go for recreational drugs — even some common prescription or OTC medications can cause side effects that could alter your ability to drive a car, so you need to be careful about those, too. 

If you're charged with a severe traffic violation like a DUI, even if you're off the clock, it might impact your ability to work for Instacart and similar apps. Michael Vaness, who has over three years of experience working with Instacart, says that "just because you pass the initial screening, doesn't necessarily mean you are in the clear". He says knows someone who was charged with a DUI and later applied for Walmart Spark, only to be denied and subsequently deactivated from both Instacart and DoorDash. "I'd say it's safe to say all three use the same screening company and receive updates," he notes.

Ultimately, this concern isn’t limited to drugs — not getting enough sleep and being distracted can also affect your ability to complete your work safely, which can put you in violation of Instacart’s rules. 

So, the key point here is that no matter what you’re doing, whether that’s staying up late and binging on Netflix or taking an edible before bed, you need to make sure you’re not going to affect your performance. As long as you don’t do that (and don’t do anything that will get you arrested), Instacart likely won’t care what you do in your free time. 

Make sure your car doesn’t smell of smoke

One of your responsibilities as an Instacart Shopper is to deliver food in a way that doesn’t interfere with its safety or palatability. If you smoke in your car and then place groceries in it, your customers’ groceries may end up smelling too, which would violate the Shopper Agreement you sign when applying. This goes for cigarettes, cannabis, and even particularly smelly vapes. 

Instacart explicitly points this out as a possibility in its Full-Service Shopper Account Access Guidelines, saying that the following is grounds for deactivation:

• Failure to adhere to industry norms with respect to food safety, including but not limited to, failing to use insulated bags to protect food items that need to be maintained at a hot or cold temperature, or delivering products that smell of smoke

"This is particularly important if you are a smoker and have ever smoked in your car," warns James Tuliano, who has over three years of experience working with delivery apps. "If a customer (or employee at the place you're shopping at) complains, you are deactivated immediately from Instacart. Some folks get nose-blind and may not even know how strong the smell is. You may get a warning if it is your first offense, but they don't give more than second chances."

Be careful of customer complaints

As an Instacart Shopper, you depend on customer ratings. If your customer rating falls below 4.7, you won’t be prioritized for batch orders anymore. Instacart also says in its Shopper Guidelines that repeated customer or retailer complaints are grounds for deactivation. However, the rating is based only on your last 100 ratings, so lower ratings can eventually drop off as you work more.

"My experience has been that appealing a customer complaint or order issue right away (unless you know you messed up and have nothing to say about it) will help to prevent being deactivated," shares Faith McLaughlin, who has been doing gig work since 2016.

If you smell of weed while interacting with a customer or retailer, you may receive a low rating or complaint, which can have negative consequences. Similarly, if a customer or retailer suspects that you’re under the influence or you smell of weed or cigarettes, they may give you a low rating or even file a complaint, which can lead to your deactivation. 

Past drug use can be a problem

Instacart requires all of its Shoppers to consent to a background check during the application process. If you have a past drug conviction, it might show up on the background check and prevent you from being hired. 

Unfortunately, there’s no way to know in advance whether Instacart will hire you with a drug offense on your record — Instacart evaluates background check results on a case-by-case basis, so even if you have a felony on your record, the only way to know how it will affect your application is to apply and find out. 

Get started

Can you see yourself as an Instacart Shopper? Apply now to get on the road.