Developments in Regulating Workplace Drug and Alcohol Testing
The U.S. Department of Justice issued an Order on April 22, 2026 immediately placing all FDA-approved marijuana products and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act (CSA).
A second order also signed by Acting Attorney General Todd Blanche sets a June 29, 2026 hearing to…
Oklahoma’s medical marijuana law has been amended to permit employers to have “zero tolerance” drug and alcohol standards regarding medical marijuana users in “safety-sensitive” positions. However, the law also revised the definition of “safety-sensitive positions” to remove employers’ discretion to classify positions as safety-sensitive and limits that definition to specific positions only. House Bill No.
The Iowa drug testing statute (Iowa Code § 730.5) became more employer friendly effective July 1, 2025. Although the Iowa drug testing law remains one of the most technically challenging in the country, the changes will make it easier for employers to defend lawsuits.
Burden of Proof
The Iowa drug testing law previously required employers…
California’s AB 2188 greatly expanded the scope of the state’s existing marijuana laws because it prohibits discrimination based on the off-duty use of marijuana. This prohibition creates a dilemma for employers who conduct marijuana drug testing because marijuana stays in the human body much longer than alcohol and other drugs. The law has been in…
The Iowa Supreme Court recently clarified that a compliant random drug testing program under Iowa law requires excluding those who are not scheduled to work the day of the testing from the pool of employees who could be selected. Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599…
The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2025. The rates are the same as 2024, except that PHMSA has increased its random drug testing rate to 50%.
| Agency | 2025 Random Drug Testing Rate | 2025 Random Alcohol Testing Rate |
| Federal Aviation Administration | 25% | 10% |
| Federal Motor |
Minnesota will amend its drug testing law to permit oral fluid testing for drugs, cannabis and alcohol, effective August 1, 2024.
The Drug and Alcohol Testing in the Workplace Act (“DATWA”) currently requires employers who conduct drug and alcohol testing to use specific certified laboratories and to permit confirmatory re-testing after an applicant or employee…
The Department of Justice (DOJ) published a Notice of Proposed Rulemaking to reschedule marijuana from Schedule I to Schedule III of the federal Controlled Substances Act (CSA) in the Federal Register on May 21, 2024. If the rule is finalized, marijuana would be considered a drug with “moderate to low potential for physical and psychological…
A recent Iowa court decision highlights the risks to employers who do not strictly comply with all facets of the state’s drug testing law, Iowa Code Section 730.5, which is one of the nation’s most technical drug testing laws. Scott Hampe v. Charles Gabus Motors Inc. d/b/a Toyota of Des Moines et ano., No. 22-1599…
It’s been two years since the Marijuana Regulation and Taxation Act legalized marijuana in New York State on March 31, 2021 and prohibited employers from drug testing for marijuana (for tests that are not federally-mandated). Because many employers still are confused about what New York law requires, here is a recap:
All Off-Duty Use of …
