The Evolution of Workplace Drug Testing: What Employers Need to Know for 2026
The legal landscape for workplace drug testing is likely to see some significant changes in 2026. This article summarizes the shifts in federal and state policy, continuing and emerging challenges for employers, and what employers can do to be prepared in 2026. Quick Hits President Donald Trump has instructed the U.S. Department of Justice to […]
President Trump Signs Executive Order Directing AG to Expedite Marijuana Rescheduling Process
On December 18, 2025, President Donald Trump signed an executive order directing the attorney general to reschedule marijuana from a Schedule I to a Schedule III drug. This follows the Biden administration’s initial proposal to do so in April 2024. Quick Hits On December 18, 2025, President Trump signed an executive order directing the attorney general to expedite the […]
An EEOC Victory Provides Lessons on Applicant Drug Testing Accommodations
A recent jury verdict reminds employers of their reasonable accommodation obligations for applicants under the Americans with Disabilities Act (ADA), in the context of drug testing. The U.S. Equal Employment Opportunity Commission (EEOC) sued a retirement community for denying employment to an applicant based on a failed drug test—one that the applicant warned the employer […]
U.S. District Judge Upholds Federal Preemption Over Minnesota State Drug Testing Law
The U.S. District Court for the District of Minnesota recently sided with a natural gas distribution company in a lawsuit by an employee in a safety-sensitive position who alleged his discharge following a failed random drug test violated the Minnesota Drug and Alcohol Testing in the Workplace Act (DATWA). The court found federal statutes and […]
New Mexico Legalizes Medical Use of Psilocybin
On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and not a ballot initiative, like its predecessors Colorado and Oregon. Quick Hits Under the new law—the “Medical Psilocybin Act”—the following qualifying conditions are listed […]
Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim
On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had a job offer rescinded following a pre-employment drug screen. Quick Hits While considering a motion to certify an […]
Complying With the ADA When Managing Employees With Alcoholism
Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism. Quick Hits The National Institutes of Health defines alcohol use disorder as “a medical condition characterized by an impaired ability to stop or control alcohol use despite adverse social, occupational, […]
Florida Court Rules That the Florida Constitution Required a Public Employer to Accommodate Off-Duty Medical Marijuana Use
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave after he tested positive for […]
Third Circuit Rules New Jersey Marijuana Law Lacks Private Right of Action to Enforce Employment Protections
A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for marijuana. The court found that the law does not provide a private right of action to enforce its employment protections. […]
Nebraska Says Yes to Marijuana Measure, but Florida, North Dakota, and South Dakota Just Say No
Efforts to legalize marijuana failed in three states and succeeded in one state on November 5, 2024. Quick Hits On November 5, 2024, voters in Nebraska approved a ballot measure to legalize medical marijuana use, while voters in Florida, North Dakota, and South Dakota rejected measures to legalize recreational marijuana use. Voters in Massachusetts rejected […]
DOJ Plans to Reclassify Marijuana From Schedule I to Lower-Risk Schedule III Drug
On April 30, 2024, following a months-long process, the U.S. Department of Justice (DOJ) circulated a proposal to reclassify marijuana from a Schedule I to a Schedule III controlled substance. This historic move—likely the most substantial change to federal drug policy in more than fifty years—would place marijuana amongst the likes of acetaminophen with codeine, […]
Weed at Work: Can Georgia Employers Still Drug Test?
Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana still is classified as a prohibited Schedule I substance under the Controlled Substance Act. In recent years, many states have decriminalized marijuana, some limiting […]
