The future of employment drug testing is uncertain, as laws continue to change and evolve. Staying informed about the state of drug testing laws is key for preparing your business to tackle the future of these laws.
Currently, drug testing laws vary by state for private employees, although federal employees are covered by the Drug Free Workplace Act of 1988. When it comes to drug testing laws for private employees, 35 states allow for testing with caveats. 5 states allow for testing without caveats, and 11 states do not have drug testing laws. However, these laws are bound to continue to change; in 2024 alone, more than 500 measures regarding drug testing were introduced.
Many factors can influence drug testing laws. One factor is substance abuse trends in a state. In 15 states, opioids are the most abused substance, whereas in 11 different states, alcohol tops the list. Hallucinogens, heroin and cocaine are also common substances in certain states. Different contexts regarding drug usage may lead to different drug laws.
The increasing legalization of marijuana can also impact drug laws. In 2012, recreational marijuana was only legal in Colorado and Washington. In 2024, recreational marijuana had been legalized in 19 states, plus Washington DC. Additionally, medical marijuana is legalized in 38 states and DC. In the past five years, positive marijuana tests have increased by 45.2%, which may have implications for safety-sensitive industries. In fact, studies suggest that recreational marijuana laws are associated with a 10% increase in workplace injuries in young adults aged 20-34 years.
Levels of cheating on drug tests also informs how a state will approach drug testing laws. Instances of cheating on drug tests have increased, which may result in new policies addressing this cheating. So far, 10 states have implemented anti-cheating policies, but more may follow.
Several factors impact how a state implements and regulates employment drug testing. Being aware of the situation in your state can help you properly prepare your business to adhere to state laws.
