Employment drug testing laws vary between states, so it is vital that employers understand the unique situation in their state. This helps employers successfully and smoothly implement drug tests. It is also useful to have a broader knowledge of drug usage, anti-cheating policies and what to do in the case of a positive test.
When it comes to which substance is the most abused in each state, there are several frontrunners. For example, in 15 states, opioids are the number one most abused substance. Alcohol is the second most common, topping the list in 11 states. Other common substances are hallucinogens, heroin and cocaine.
In terms of drug testing laws, 35 states permit drug tests with caveats. 11 states do not have state laws regarding drug tests. In five states, testing is legal. However, these laws are continuously changing; in fact, in 2024, more than 500 bills related to drug testing were introduced.
Part of the reason for changing drug testing laws is the changing legal landscape regarding drug usage. For instance, as marijuana is legalized in more states, drug testing laws also adapt. Over the past five years, positive marijuana tests have increased by 45.2%. Employers will need to continue to adapt to drug use and drug testing laws.
Unfortunately, there has been a six times increase in tampered test samples between 2022 and 2023, revealing a larger trend of cheating on drug tests. This may introduce further changes to the drug testing world, as states may implement anti-cheating policies. These policies include measures such as detailed check-in times, dilution detection and more. So far, 10 states have anti-cheating policies.
Increasing numbers of industries are conducting drug tests. Drug tests can help improve workplace safety, making it an attractive option for employers. As laws continue to change, employers must stay on top of current regulations and implement policies that support a thriving workforce.
Source: USDrugTestCenters.com
