Much like drug laws vary by state, drug testing laws also are drastically different on a state level in the US. Each state even has different data regarding the most commonly used substances, from opiates to hallucinogens to pain relievers. In terms of drug testing laws, employee drug testing has become significant, as more lenient drug use laws have allowed for the liberation of many people to use across the country.
Currently, only 5 states consider employee drug testing to be legal, while the majority consider it legal but with caveats, and 11 have no laws about the subject. Last year, hundreds of new bills related to drug testing were rolled out, sparking a rapid change in the employee drug testing landscape in the United States.
Drug Testing Law Changes
In 2012, Colorado and Washington became the first states to legalize marijuana use for recreational purposes. As of 2024, 19 more states and DC have followed suit. More significantly, as of last year, 38 states and DC have legalized marijuana for medical use in the United States. Because of this increased leniency, there has been a significant uptick in overall positive marijuana tests.
Over the past 5 years, positive tests have increased by nearly 50%. This research has experts warning of the potential serious problems that this could cause for safety-centric industries. Workers who handle heavy machinery or perform manual labor daily can suffer from this, as impaired work has the potential to lead to complications and injury while on the job.
Recreational marijuana laws have already been with a 10% increase in workplace injuries among young professionals, demonstrating the urgent need for change to protect these vulnerable workers.
Because of these risks, many leaders have started to push for more regulation on employee drug testing. Anti-cheating laws are a big part of this movement. Between 2022 and 2023 alone, there has been a 6x increase in tampered test samples.
Additionally, whether the test was due to reasonable suspicion or randomly, positivity rates are as high as nearly 40%. Some states are already cracking down on test tampering, including Texas, Pennsylvania, South Carolina and New Jersey.
Methods are currently detailed check-in times and the use of dilution detection technology and adulterant tests to catch any foul play during the process. Especially in states with the highest number of positive drug tests like Oregon, Vermont, Massachusetts and Maine, putting these measures into place will make a world of a difference for compromised workers.
Final Verdict
More and more industries are also starting to test their workforce more often. Energy utilities, manufacturing, wholesale trade, transportation and warehousing and construction are among the leaders, taking control of the safety of their staff through routine testing protocols.
As our legislation on the state level continues to evolve towards a more lenient tolerance on drug use, drug testing policies need to evolve along with it. Making these necessary changes will ensure a safe and sober work environment for all who serve in some of our country’s most necessary industries.
Source: USDrugTestCenters.com