There is significant variability in employment drug testing laws across US states. In fact, testing is legal in only five states, and legal with caveats in 35 states. These laws continue to evolve, with over 500 bills related to drug testing being introduced in 2024. Understanding these laws, and the circumstances in which they arise, is critical to constructing a compliant workplace.
The most abused substance in each state varies as well, which creates different contexts state-to-state. For example, opioids are the most abused substances in 15 states, alcohol is the frontrunner in 11 states, and hallucinogens are the most abused substance in six states. To add to the complexity, there are different sub-categories within these substances. For instance, many drugs fall into the opioid category, whether it be codeine, fentanyl, or morphine.
With this in mind, some employers run drug tests to maintain a safe workplace. However, there was a six times increase in tampered test samples between 2022 and 2023, which speaks to a larger trend of cheating on drug tests. This is another factor in the complicated web of drug testing, as some states have begun to implement anti-cheating policies.
Employment drug testing laws are often in a state of flux, and employers should pay close attention to their state’s regulations. Being up-to-date on these laws is a foundational part of maintaining a successful work environment.
