Navigating Drug Testing Laws in The United States

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In the United States, many laws regarding drug use are determined on a state level, meaning that each state has created its legislation and has different policies for tolerating different drugs. With these laws come different policies on drug testing as well. Although more than 500 bills were introduced in 2024 related to drug testing, only 5 states currently have completely legalized the practice. Especially in the wake of the legalization of both the recreational and medical use of marijuana, drug testing laws in the workplace are rapidly changing.

Currently, 22 states have legalized the recreational use of marijuana, and 38 states have legalized the medical use of the substance. This has led to a 45.2% increase in positive marijuana tests over the past 5 years. This increased positivity rate indicates the potential for serious implications, especially for safety-sensitive industries. In fact, recreational marijuana use laws are associated with a 10% increase in workplace injuries.

In order to mitigate these risks, many leading labor-intensive industries are using drug testing and anti-cheating measures to ensure safety in the workplace. 10 states have already implemented anti-tampering policies, and industries like energy, transportation, and manufacturing are leading the charge in employee drug testing. To keep up with changing legislation, vulnerable industries are making the necessary changes to keep their employees safe. 

Drug Testing Laws in Every State
Source: USDrugTestCenters.com

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