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Beginning Dec. 13, 2026, covered employers in New York must stock opioid antagonists, such as naloxone (commonly known as Narcan), in their workplaces. Labor Law § 27-f applies broadly to private employers, including corporations, LLCs, and other business entities federally required to keep first aid supplies on hand. Labor Law § 27-f does not apply…

Significant revisions to the Maine Substance Use Testing Law, 26 Maine Rev. Stat. 681 et seq., will take effect on July 29, 2026. Maine House Bill 1425 (2025-2026).

New Types of Tests Permitted

Maine law currently permits pre-employment testing, “probable cause” testing, and random testing in certain circumstances. The revised law will permit pre-employment…

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.

Ohio Gov. Mike DeWine signed, but partially vetoed, a bill (S.B. 56) that effectively recriminalizes certain intoxicating hemp beverages as of March 20, 2026. Specifically, hemp beverages may no longer contain more than .3% of any tetrahydrocannabinols (THC) under the new law.

Ohio voters passed a ballot measure legalizing recreational marijuana and related…

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…

Nebraska voters approved medical cannabis measures, while voters in Florida, North Dakota, and South Dakota rejected ballot initiatives to legalize recreational cannabis on election day.

Nebraska Medical Cannabis Measures

Nebraska voters approved Ballot Initiatives 437 and 438, which legalize and regulate medical cannabis in the state. While the measures were widely supported, there is lingering…

The Pittsburgh City Council unanimously passed an ordinance prohibiting discrimination against medical marijuana patients in the workplace and limiting certain types of marijuana drug testing by employers as to these patients. Mayor Ed Gainey is expected to sign the measure and it will take effect immediately after signing.   

Pennsylvania state law already protects medical…

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…

The new year is approaching quickly and employers must get ready for the new marijuana laws that will take effect in California and Washington. These laws are very different from other states’ marijuana laws. In our firm’s latest “We Get Work” podcast, Catherine Cano and I discuss what employers need to know about these laws. …