Quick Hits
- Workplace drug tests show a growing use of marijuana and cocaine in recent years.
- Among all drugs, the rate of positive urine tests has remained roughly the same, more than 4 percent, for more than a decade.
- About 19 percent of workers tested positive for drug use based on hair samples in 2025.
The rate of positive marijuana tests was 4.4 percent in urine testing and 11.1 percent in oral fluid testing in 2025, according to Quest Diagnostics. Hair test positivity for marijuana jumped from 9.5 percent in 2021 to 15.1 percent in 2025.
Likewise, cocaine positivity in hair tests increased from 2.7 percent in 2021 to 4.0 percent in 2025. Hair test positivity for the illicit class of methamphetamine increased from 2.1 percent in 2021 to 2.5 percent in 2025. Conversely, the rate of positive fentanyl tests dropped from 0.55 percent in 2024 to 0.28 percent in 2025.
The rate of positive drug tests was higher in certain industries, such as healthcare (5.8 percent), retail (5.4 percent), and professional and technical services (5.3 percent), but lower in manufacturing (4.2 percent) and transportation and warehousing (4.2 percent), according to Quest Diagnostics.
Federal and State Laws
In April 2026, the U.S. Department of Justice (DOJ) issued an order that reclassified certain marijuana and marijuana-containing products to Schedule III controlled substances. However, it did not legalize marijuana at the federal level.
Meanwhile, forty states and Washington, D.C., have legalized medical marijuana, while twenty-four states and Washington, D.C., have legalized recreational marijuana use for adults. Many states regulate when and how employers may conduct drug tests. Some states have laws protecting employees’ off-duty marijuana use or any off-duty conduct that is legal in the state. The wide variation in state laws may make compliance difficult for multistate employers.
Key Takeaways
These trends in drug test results may reflect a number of societal changes, including wider legalization of cannabis use, a notable decrease in younger adults drinking alcohol, and fewer employers conducting drug testing in certain industries in recent years.
None of the federal or state laws require employers to allow drug use or impairment while at work or during work hours.
With the upward trend in marijuana use, employers may see an uptick in the number of employees requesting a disability accommodation for off-duty medical marijuana use to treat a medical condition, such as chronic pain, nausea, muscle spasms, insomnia, anxiety, or post-traumatic stress disorder. Employers may wish to train managers on how to handle suspected drug use or impairment while on duty and how to respond to requests for disability accommodations.
Ogletree Deakins’ Drug Testing Practice Group will continue to monitor developments and will post updates on the Drug Testing, Healthcare, Multistate Compliance, Retail, and Trucking & Logistics blogs as additional information becomes available.
In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on drug/alcohol testing and marijuana testing under state and federal law. Premium-level subscribers have access to comprehensive law summaries and policies. Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
Allison E. McDevitt is an associate in Ogletree Deakins’ Indianapolis office.
Michael S. O’Malley is an associate in Ogletree Deakins’ Stamford office.
This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.
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