Drug testing laws vary significantly from state to state, and continue to evolve at a rapid rate.  It is important that employers stay up-to-date on these laws, as is it their responsibility to foster a safe and compliant work environment.  Understanding drug testing laws is a key factor in building a supportive environment for employees.

Although federal employees are covered by the Drug-Free Workplace Act of 1988, private employee coverage varies by state.  Additionally, the situation regarding drug use varies by state.  For example, opioids are the most abused substance in 15 states, such as Texas, Alaska, and Louisiana.  However, in 11 other states, such as Wisconsin, Minnesota, and North Dakota, alcohol is the most abused substance.  Other common substances are hallucinogens, heroin, cocaine, methamphetamine, and pain relievers. 

Drug testing laws also look different state-to-state.  For instance, in five states, drug testing is legal, whereas drug testing is legal with caveats in 35 states.  To further complicate the matter, drug testing laws are constantly changing.  More than 500 bills related to drug testing were introduced in 2024 alone. 

It is also important to consider anti-cheating policies, especially because tampered test samples are increasing.  Only 10 states have anti-cheating policies, but this number may change as more states alter their drug testing laws. 

Each state has its own patterns of drug use and employee drug testing laws, making it important that employees research the situation in their state.  It is also important to stay on top of any changes to the laws, as it is likely that states will continue to alter their policies in the coming years. 

Source: USDrugTestCenters.com