The Future of Employee Drug Testing Laws

Last Updated:
January 24, 2025
Author:
Brian Wallace

Employment drug testing laws currently vary drastically by state. From federal employees to private employees, from state to state, the laws and legislation are not always the same. In 2024, over 500 new bills related to drug testing were introduced, demonstrating just how fast employment drug testing laws are changing. Especially in the wake of the legalization of marijuana in several states, these laws are now more important than ever for many industries.

 

As of 2024, marijuana is legal in 22 states for recreational use and is legal in 38 states for medical use. As a result, positive marijuana tests have increased by 45.2% over the past 5 years. This fact alone could indicate serious problems for employees that work in safety-centric industries. In fact, research has shown that recreational marijuana laws are associated with a 10% increase in workplace injuries. These numbers are leading professionals to take action in their respective states to ensure that all employees are sober when on the job.

 

Whether it be for reasonable suspicion, following a return to duty, or even randomly, positive marijuana tests are abundant. However, with this has come the tampering of tests, with a 6x increase in tampered drug test samples from 2022 to 2023. This has launched new anti-cheating policies to go into effect. In several states, these policies are already in place, using regulated check-in times, adulterated tests, and dilution detection technology to put a halt to any foul play. These new policies will increase safety for the industries and employees that need it the most.

Drug Testing Laws in Every State
Source: USDrugTestCenters.com

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