News & Analysis as of

Drug Testing

Cozen O'Connor

AG Jackson Settles with Medical Center Over Alleged Health Care Fraud

Cozen O'Connor on

North Carolina AG Jeff Jackson announced a settlement with Bethany Medical Center, P.A. and its founder (“Bethany”) to resolve allegations that Bethany knowingly billed for medically unnecessary services in violation of the...more

Tucker Arensberg, P.C.

Withdrawing a Certified Medical Marijuana User’s Job Offer After a Positive Drug Test: A Cautionary Tale for Employers

Tucker Arensberg, P.C. on

Though it has been around for nearly a decade, the Pennsylvania Medical Marijuana Act continues to cause considerable confusion for employers. A recent decision helps to provide some guidance to employers about how the law...more

Seyfarth Shaw LLP

Marijuana Rescheduling: Should Employers Update Their Drug Testing Policies and Practices?

Seyfarth Shaw LLP on

President Trump’s December 2025 Executive Order signals a possible shift in federal marijuana policy, but many employers still have a lawful and legitimate basis to prohibit impairment at work. Employers that test for...more

Foster Swift Collins & Smith

Hammond Discusses Marijuana Rescheduling & Employer Risk in 2026

Employers are facing one of the most consequential shifts on workplace drug policy in recent memory. On December 18, 2025, President Trump signed an Executive Order that reclassifies marijuana from a Schedule I to a Schedule...more

Offit Kurman

Cannabis in the Workplace: From Stigma to Acceptance

Offit Kurman on

The recent federal policy shift, marked by Executive Order 14370: Increasing Medical Marijuana and Cannabidiol Research, reflects not only a legal development but also a broader cultural transformation....more

Foley & Lardner LLP

Cannabis and Employment Law: The Year Ahead in 2026

Foley & Lardner LLP on

As we move into 2026, legal frameworks surrounding cannabis continue to evolve across the jurisdictions in ways that can directly or indirectly impact employers. The most significant development is the continually discussed...more

Jackson Lewis P.C.

DOT Random Drug and Alcohol Testing Rates for 2026

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The Department of Transportation’s operating agencies have announced their random drug and alcohol testing rates for 2026. The rates are the same as 2025, except that the FRA Mechanical annual random alcohol testing rate has...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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...more

Foster Swift Collins & Smith

[Webinar] How will Marijuana Reclassification Affect Employer Reasonable Accommodation? - January 14th, 12:00 pm - 12:30 pm EST

Employers are facing one of the most consequential shifts on workplace drug policy in recent memory. On December 18, 2025, President Trump signed an Executive Order that reclassifies marijuana from a Schedule I to a Schedule...more

Morgan Lewis - Up & Atom

High Standards: Marijuana Reclassification and NRC Fitness-for-Duty Requirements

President Donald Trump recently signed an executive order directing the reclassification of marijuana under the Controlled Substances Act (CSA). This reclassification, along with the growing number of states that allow...more

Offit Kurman

Adapting to the Evolving Marijuana Legislation

Offit Kurman on

In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent federal reclassification of marijuana and what it means for employers. They explore how these changes impact business...more

Constangy, Brooks, Smith & Prophete, LLP

President Trump’s Cannabis Rescheduling Order: Implications for employment law and workplace practice

On December 18, President Trump issued an Administrative Order directing the Attorney General to complete the rulemaking process to reschedule marijuana from Schedule I to Schedule III under the federal Controlled Substances...more

Verrill

Eleven Pipers Piping… and the Blunt Truth About Cannabis in the Workplace

Verrill on

With recreational and medical marijuana now legal in many states, employers face a haze of compliance obligations and practical challenges. Even where use is lawful off-duty, workplace rules, safety obligations, and...more

Littler

Wait, is Marijuana Legal? How Trump’s Executive Order on Marijuana May Impact the Workplace

Littler on

Just in time for the holidays, President Trump has issued an executive order that will be beloved by the budding marijuana industry: a directive to the U.S. Department of Health and Human Services to begin the process of...more

Jackson Lewis P.C.

POTUS Orders DOJ to Complete Rulemaking Process To Reschedule Marijuana Expeditiously

Jackson Lewis P.C. on

President Donald Trump issued the “Increasing Medical Marijuana and Cannabidiol Research” Executive Order (EO) on Dec. 18, 2025. Contrary to what has been reported by many news outlets, the EO does not, by itself, reschedule...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Require Employers to Tolerate Use of THC During Working Time

At times I think I have heard every possible excuse from employees trying to avoid disciplinary action, but one situation last week posed claims I have not encountered. An employer smelled marijuana and discovered that an...more

Frantz Ward LLP

Ohio Tightens “Intoxication Statute,” Giving Employers a Stronger Defense Against Workers’ Compensation Claims

Frantz Ward LLP on

Misconduct of an employee, whether negligent or willful, is immaterial in applying the law of workers’ compensation, unless it occurs outside the course of employment or implicates a statutory defense. This proposition is...more

Troutman Pepper Locke

From Suits to Statutes: A US Employer's Guide to Canadian Employment Law – Hiring to Firing Podcast

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter use the hit legal drama Suits as a springboard to unpack the key differences — and surprising overlaps — between U.S. and Canadian employment law....more

Jackson Lewis P.C.

Transportation Department Proposes Adding Fentanyl to Drug Testing Panel

Jackson Lewis P.C. on

The Department of Transportation proposed adding fentanyl and norfentanyl (a metabolite of fentanyl) to the DOT drug testing panel and making certain other technical amendments to its drug testing program. According to a...more

Polsinelli

Colorado Limits Medicaid Coverage of Definitive Drug Testing

Polsinelli on

Key Takeaways - As of Oct. 10, 2025, Colorado Medicaid now limits coverage of definitive drug testing for adults 21 and older to 16 units per fiscal year....more

Morgan Lewis

DOT Proposes Significant Amendments to Drug & Alcohol Testing, Adding Fentanyl and Norfentanyl

Morgan Lewis on

The US Department of Transportation (DOT) recently proposed significant amendments to its drug and alcohol testing regulations that include adding fentanyl and its metabolite, norfentanyl, to the drug testing panels. ...more

CDF Labor Law LLP

New Hire Activities: Compensable or Not?

CDF Labor Law LLP on

In Martinho v. Amazon, Inc., a federal court analyzed which of Amazon’s new hire activities were compensable under California law, ultimately finding that activities designed to verify employment eligibility were not...more

PilieroMazza PLLC

Multijurisdictional Employers, Part 4: Marijuana and Other Drug Testing in the Workplace

PilieroMazza PLLC on

As marijuana laws continue to diverge at the state level—ranging from full legalization to nuanced medical use protections—multistate employers are increasingly challenged to reconcile conflicting obligations under federal...more

Fisher Phillips

From English Proficiency to Drug Testing: 4 Bills Pending in Congress Could Drive Big Changes in Trucking

Fisher Phillips on

Lawmakers in D.C. have recently introduced four bills that could significantly affect the trucking industry if enacted. Several of the proposals focus on driver safety and accountability, while another seeks to address...more

PilieroMazza PLLC

[Webinar] Multijurisdictional Employers, Part 4: Marijuana and Other Drug Testing in the Workplace - September 25th, 2:00 pm -...

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As marijuana laws continue to diverge at the state level—ranging from full legalization to nuanced medical use protections—multistate employers are increasingly challenged to reconcile conflicting obligations under federal...more

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