Navigating Drug Testing Laws In Each State

Friday, 14 February 2025, 10:07 am
Article: Hugh Grant

Across the United States, drug usage has become more commonly legalized, especially following the more recent legalisation of marijuana. Because these laws are placed under state jurisdiction, the most commonly used drugs also vary by states from opiates to alcohol to hallucinogens to pain relievers. Subsequently, drug testing laws by state also vary, with only five states boasting strong legislation that legalises drug testing in the workplace. Despite there being over 500 new bills introduced in 2024 related to drug testing, there are still 11 states that do not have any state law regarding the matter. As drug use continues to become more normalised, it is important to consider drug testing in the workplace as a necessity to keep workers and those that they serve, safe.

The use of drugs in the United States in terms of legality began in 2012, when Colorado and Washington legalised the substance for recreational use. Now as of last year, 19 more states and DC allow recreational marijuana use. Additionally, 38 states and DC have now legalised the substance for medical use. Although this new legislation has been liberating for many, positive marijuana tests have increased by a staggering 45.2% over the past 5 years.

This research points to a potential serious problem when it comes to safety-sensitive industries. With high levels of drug use amongst workers in construction or other fields involving heavy machinery, the chance for injury and harm increases. When workers are impaired, it puts everyone at risk. In fact, recreational marijuana laws are associated with a 10% increase in workplace injuries amongst individuals ages 20-34 years. This fact has led many industry and state leaders to crackdown on drug use in the workplace and to put in place anti-tampering laws to mitigate the risk that lawful drug use currently poses.

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Between 2022 and 2023 alone, there was a 6x increase observed in tampered drug test samples. This number parallels an overall increase in positive testing, with the most commonly positive tests being those administered due to reasonable suspicion at 39%. However, positive drug tests are cropping up post-accident, as a follow-up, before a return to duty, pre-employment, or even randomly. The sheer volume of positive testing has driven many states to put new anti-cheating policies into place. States like Texas and Oregon have already established these policies, with the latter also being one of the states producing the most positive drug tests to date. These anti-tampering efforts include but are not limited to detailed check-in times, adulterant tests and dilution detection as ways to deter testees from mishandling their samples.

Not only are states making a change as a result of this high rate of positive testing, but vulnerable industries are also taking a stand against workplace drug use. Industries that require more manual labor, hands on work and even heavy machinery are at the forefront of this movement, ensuring that workers are not impaired while on the job, making them more susceptible to mistakes and injury. Energy utilities and transportation/warehousing are two sectors that are at the forefront of this movement, testing their employees regularly and taking advantage of state and recommended anti-cheating policies. Following close behind are manufacturing, wholesale trade, and construction industries.

Although this type of work is spearheading the movement, with growing state support behind employee drug testing, the future of recreational drug use will see further change. The landscape of drug testing may see expansion into less physically demanding industries, ensuring that all employees are sober and able to perform at the highest level no matter the task. Putting in place anti-cheating and testing policies will only prepare professionals for what is to come in the future on a state level.

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