By Jonathan Baktari, MD, CEO of US Drug Test Centers
The laws surrounding drug use and employment drug testing are rapidly changing, and many individuals and companies are having a hard time keeping up. The change, though, is needed: With marijuana use for both recreational and medicinal purposes becoming increasingly legalized across the nation, employers are also seeing a rise in workplace accidents and attempts at cheating tests. Combine that with today’s remote work culture, and we’ve got a big problem on our hands that’s proving difficult to take control of.
Making matters more confusing is that with the rules around drug testing being in the states’ hands, it’s possible to drive a few hours from your own workplace and find yourself faced with completely different laws.
What’s the current status of drug testing across the nation? Where do we stand on marijuana legalization? What has been the impact on the workplace? Let’s take a look at drug use and employment drug testing by the numbers. View our infographic for more information.
The Prevalence of Drug Use
First, let’s consider the changing laws around drug use—specifically, marijuana.
What used to be a more taboo substance is now in millions of homes across America, thanks to the changing legislation. Laws are significantly relaxing around even recreational marijuana use. In 2012, only two states had legalized it: Washington and Colorado. By 2024, it was legalized in 19 states and the District of Columbia. Medical usage of marijuana is even more acceptable, legalized in 38 states and the District of Columbia as of 2024.
It doesn’t matter what employees do in their free time, right? Well, yes and no. When they’re off the clock, yes, that time is theirs. Unfortunately, the impact of personal marijuana use is spreading into the workplace.
Positive marijuana drug tests have increased by 45.2% over the past five years. This could be incredibly detrimental for any business but is especially concerning for professionals in safety-sensitive roles, like pilots and truck drivers. (Imagine your pilot testing positive for marijuana!) The numbers speak for themselves: Recreational marijuana laws are linked to a 10% increase in workplace injuries for individuals between the ages of 20 and 34 years.
So, it seems we have a lack of boundaries between personal time and working hours.
Sparking further concern is the fact that the number of tampered tests increased by a factor of six between 2022 and 2023, leading to conversations about the growing need for more anti-cheating policies. (Less than a dozen states currently have anti-cheating policies.) In other words, not only are more people using marijuana (and allowing it to affect them at work), but more people are attempting to hide the fact that they’re using marijuana.
Drug Testing Laws Vary by State
It’s not that evolving legislation isn’t responding to this concerning trend. However, our nation’s states are responding differently. As I mentioned earlier, employment drug testing laws can vary drastically merely by crossing state lines.
For instance, in five states, drug testing is legal. Around 35 states allow drug testing but with caveats. Then, there are 11 states with no drug testing laws at all. If we thought that employees tampering with tests is an issue, imagine a workplace where employees aren’t getting tested… at all.
We can expect this to continue evolving, too: In 2024, more than 500 bills related to drug testing were introduced. There’s also room for these laws to be more specific. For example, laws may vary based on the most abused drug in each state. Texas is struggling with opioids, while Michigan is battling hallucinogens and Nevada is hooked on pain relievers.
The only industry where drug testing laws are more uniform is for businesses under the Department of Transportation (DOT), which has very stringent regulations around alcohol and drug use, especially for individuals fulfilling safety-sensitive roles.
Concern Over Drug Use is Growing
The DOT isn’t the only one taking action. American workplaces are feeling the blowback from drug use, and drug screening is becoming more prominent across other specific industries. For example, the energy utilities industry saw a 46.6% increase in drug testing; transportation and warehousing, 53.6%; manufacturing, 27.5%; wholesale trade, 26.2%; and construction, 21.7%.
The difference between positive drug test results among various industries is interesting, to say the least. According to Quest Diagnostics, among key industries, retail trade had the highest overall rate of positive drug tests in 2021, at 7%. This was a 34.6% increase from 2017. Retail trade was also the only industry to experience a year-over-year increase in positive drug test results for methamphetamine: In 2017, the rate was 0.09%. By 2021, it had climbed to 0.14%. That’s a spike of 55.6%.
It’s clear that drug use isn’t merely a personal choice—something employees do in their free time. There is indeed a ripple effect: an increase in positive drug tests (and attempts at tampering with specimens), workplace accidents, and policymakers scrambling to get a hold of the situation.
The Challenge for Employers
What do your state’s drug testing laws mean for your workplace? Are you allowed to test for marijuana? What if an employee uses it medicinally—then what? When can you test? Under what circumstances? What happens if the results come back positive for an illicit substance—or a legalized one?
These are just a few questions employers are attempting to answer, and that’s before they’ve even started contemplating how to handle their entire drug testing program. That’s where a reliable drug testing provider comes into play: These professionals can help employers develop a drug-free workplace policy, train staff to manage the program, and facilitate all screening and the secure delivery of drug test results.
Drug screening is of paramount importance for employers. It helps decrease employee turnover, and on-the-job accidents and crime. It improves efficiency and productivity and is vital in creating a safe workplace and maintaining morale.
Drug testing is a smart move for employers, employees, and business entities.