Drug testing laws and regulations have been left up to state jurisdiction in the United States. Subsequently, as have drug testing laws, as each state has unique regulations determining when and where testing is appropriate. This is especially relevant when discussing employee drug testing, which is only explicitly legal in 5 states. Although 2024 brought over 500 new bills related to employee drug testing to the table, there is still a need for change in the landscape of keeping Americans safe at work in this new era of drug use leniency.
In 2012, Colorado and Washington became pioneers in the world of legalizing marijuana, becoming the first two states to consider the substance legal for recreational use. As of 2024, 19 more states and DC consider marijuana to be recreationally legal. Further, 38 states and DC have considered the widely used substance to be legal for medical purposes. This change liberated many users, leading to a 45.2% increase in positive marijuana tests in the past 5 years. Experts warn that this spike in usage could point to serious problems for employees working in safety-sensitive industries like construction or manufacturing. In fact, there has already been a 10% increase in workplace injuries associated with recreational marijuana laws.
In order to keep vulnerable workers safe, many state leaders have begun implementing testing protocols and anti-cheating policies. Especially with a spike in tampered test samples, it is especially important to crack down on foul play during the drug testing process. These new anti-cheating policies have already been put into motion. For example, states like South Carolina, North Dakota, New Jersey, and Texas are buying into the movement. These policies include the use of dilution detection and adulterant tests to catch any suspicious interference and increase the safety for those in vulnerable work environments. Especially in states that have the most positive drug tests, like Oregon, it is especially significant to see these changes being made.
More and more relevant industries are testing their workforce as US legislation continues to become more lenient on a state level. At the forefront is the energy utilities industry, followed closely by other safety-sensitive industries like transportation, manufacturing, wholesale trade, and construction. In order to ensure that these workers have the best chance at success, these policies will help to push for a sober and safe workplace, adapting to the changing drug use regulations across the country.
Source: USDrugTestCenters.com
