The United States has recently increased leniency in terms of drug use legislation. This issue is dealt with at a state level, meaning that regulations vary drastically by state. With these differences come a difference in policies on drug testing, specifically employee drug testing. Even different types of employees fall under different regulations, as federal employees fall under the Drug-Free Workplace Act, but private employee coverage varies by state.

Employment Drug Testing Trends By State

In 2024, more than 500 bills related to drug testing were introduced. However, there are still only 5 states where employee drug testing is considered legal. In the other 46, the practice is either legal with caveats, or there are no state laws pertaining to the matter. This in combination with the more recent legalization of marijuana has demonstrated the urgent need for a change in national employment drug testing laws.

In 2012, only Colorado and Washington had legalized the recreational use of marijuana. Now 12 years later, 22 states and DC have legalized recreational marijuana usage. Additionally, almost 40 states have legalized the medical use of the substance. This change in policy and increased leniency across the majority of US states has enabled many people to access the drug for several reasons, liberating many users. However, as a result, experts have noticed a nearly 50% increase in positive marijuana tests over the past five years.    

Experts warn that this increase in positive testing could point to serious implications for safety-sensitive industries. These industries include those that involve work with heavy machinery or intensive hands-on labor, where physical or mental impairment can lead to injury. In fact, there has already been a 10% increase in workplace injuries associated with recreational marijuana laws among young professionals.

This warning has led many state and industry leaders to increase employee drug testing and to start cracking down on cheating during the drug testing process. Between 2022 and 2023 alone, there was a 6x increase in tampered test samples. Additionally, testing for reasonable suspicion, post an accident, or even randomly are generating 6-39% positivity rates in the workplace. To supplement these new testing protocols, anti-cheating policies are going into effect across the country. In states like Texas, North Carolina, New Jersey, Virginia and South Carolina, the use of dilution detection technology and adulterant tests are becoming the norm. Especially in states with the most positive drug tests like Oregon and Vermont, it is especially important to crack down on any foul play during the testing process.

Conclusion

Vulnerable industries are also starting to drug test their workforce more often to prepare their staff for the future of drug legislation in America. Energy utilities is leading the charge, followed closely by transportation and warehousing, manufacturing, wholesale trade and construction. Workers in these industries are put at risk every day, making it that much more important to protect them while on the job. New testing policies and anti-tampering measures will help to ensure that vulnerable Americans can feel protected by a safe and sober environment while at work.