In order to promote a safe and compliant work environment, employers must be aware of state drug testing laws. These laws can be complex and vary drastically between states.
For instance, drug testing is legal in five states and legal with caveats in 35 states. In 11 states, there are no state laws regarding drug testing. When it comes to policies against cheating on drug tests, there are even more differences; only ten states have anti-cheating policies in place.
Additionally, drug usage differs across states, which adds further complexity to the issue. For example, opioids are the most used substance in 15 states, but heroin is the most used substance in six different states. Other common substances include alcohol, hallucinogens, cocaine, methamphetamine, and pain relievers.
Another difference between states is marijuana legality. Many states have rapidly introduced laws to legalize marijuana; in 2012, marijuana was legal only in two states. In 2024, marijuana was legal in 19 states. This example speaks to the ever-changing nature of drug laws.
Drug usage can have severe repercussions on the workplace, and employers must understand their state’s laws to effectively implement drug tests. Doing so will aid employers in building a strong workplace.
Source: USDrugTestCenters.com