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The following article about state drug testing laws is by Katherine Miller, CAPM®, Senior Director of Compliance Services at Current Consulting Group, the number one recognized brand in expert drug testing consulting. This information is provided for educational purposes only. Reader retains full responsibility for the use of the information contained herein.
State Drug Testing Legislation in 2024 Sets the Stage for a Busy 2025
By Katherine Miller, CAPM®, Senior Director of Compliance Services at Current Consulting Group
2024 brought about a number of significant changes for the workplace drug and alcohol testing industry, some larger than others. This article will give a brief overview of significant industry changes, as well as what may be coming in 2025.
Alaska Adds Oral Fluid to Voluntary Law
In August the Alaska legislature passed a bill giving employers who choose to comply with the state’s voluntary drug testing law the option to use oral fluid in workplace testing scenarios. Employers in the state now have the option to use breath, oral fluid, or urine when complying with the voluntary law. Employers who choose not to comply can continue to test as they wish. Oral fluid can be broadly used in all circumstances where breath and urine were already permitted by the voluntary law.
Minnesota Adds Oral Fluid to Mandatory Law
In June Minnesota legislators adjusted the state’s mandatory drug, alcohol, and cannabis testing law to permit employers to perform oral fluid testing that is exempt from the state’s laboratory testing requirements. The updates to the law do not specifically use the words “rapid result” or “on-site,” but clearly state that oral fluid can be used for non-laboratory testing and results must be given at the time a test occurs.
The updates to the law contain strict stipulations around what drugs must be tested for, cut-off levels, and more. Historically, Minnesota’s mandatory law has included strict chain of custody protocols that preclude testing performed outside of a lab, but the updates include specific guidelines around oral fluid testing that should be reviewed in full prior to implementing workplace oral fluid testing.
Nebraska Legalizes Medical Cannabis
In November Nebraska voters approved a pair of medical cannabis legalization initiatives. Neither initiative made any mention of the workplace or employers.
Oregon Walks Back Law Decriminalizing Small Amounts of Hard Drugs
58% of Oregon voters in 2020 voted to make possession of illicit drugs only punishable by a ticket and a maximum fine of $100. However, in March last year the legislature passed a bill walking back the original measure voters approved and recriminalizing such drugs. Personal use possession is a misdemeanor now punishable by up to six months in jail, and there are some treatment alternatives to criminal penalties still available and encouraged.
Pittsburgh Bans Discrimination Against Medical Cannabis Patients
In September Pittsburgh legislators passed a city ordinance prohibiting discrimination based on an individual’s status as a medical cannabis patient. The ordinance states that employers are generally prohibited from discriminating against an individual in hiring or employment based on medical cannabis patient status. This includes requiring pre-employment or post-hire cannabis testing as a condition of employment. Employers retain the right to prohibit patients from performing any task that they deem to be life threatening.
What’s to Come in 2025
A number of states are expected to vote on, if not pass, some sort of legal cannabis legislation in 2025. Pennsylvania lawmakers are expected to vote on legal cannabis in the first part of the year. Though what legislators are envisioning varies wildly, with some saying they’d like simple decriminalization and others looking for a state-run legal buying system. Governor Shapiro has already indicated that he supports ending cannabis prohibition in the state.
Hawaii has long tried to legalize cannabis; however, measures historically stall in the House. Legalization advocates believe the new speaker of the House, who is a vocal supporter of legalization, may change the outcome for them this year.
While legalization is still possible, the following states are likely to consider though not likely to pass legislation: Kansas (medical), New Hampshire (recreational), North Carolina (medical), South Carolina (medical), Virginia (recreational sales system), and Wisconsin (medical).
In addition to further legalization efforts, a number of states are already considering bills that would place restrictions around how/when an employer can test for cannabis or actions an employer can take after a cannabis-positive test result. A number of states are also looking at psilocybin/psychedelics legalization.
Conclusion
Regardless of what happens in 2025, it’s guaranteed to be another year of great change for the workplace drug and alcohol testing industry. Employers across the country should pay careful attention to what is happening in their state(s) of operation to ensure compliance should any changes pass.
Staying ahead of changing legislation can be a challenge. ClearStar is ready to help employers who need to drug test potential hires and existing employers. Click here to contact ClearStar.
Author Bio: Katherine Miller, CAPM®
Katherine Miller is Senior Director of Compliance Services at Current Consulting Group. She is a CAPM certified project manager and an expert in state drug testing laws.
In addition to managing a variety of internal services and key client relationships and projects, consulting on state law questions, and authoring articles, Katherine manages and updates Current Compliance, the industry’s leading online subscription database service on all state laws related to workplace drug testing.
Additional Resources from ClearStar:
Marijuana Legality Interactive Map
State Drug Testing Laws Interactive Map
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