Recreational marijuana is legal in 24 states (including Arizona), and 39 states legalize it for medical use. Several states are seeing updates to laws surrounding cannabis drug testing, including Arizona’s Smart and Safe Arizona Act (SSAA), which is designed to inhibit employers from firing or refusing to hire someone based on a positive drug test alone. This leaves many employers scrambling to update policies to ensure compliance with their state’s evolving regulations while maintaining a safe work environment.
Similar changes are happening nationwide. For example, the 2024 election saw four states vote on ballot measures that would legalize marijuana for recreational or medical use. As marijuana use becomes more widespread, employers face mounting challenges. These include balancing employee rights, ensuring workplace safety and complying with evolving laws. The prevalence of products designed to mask drug use further complicates these efforts.
To uphold a safe and productive work environment, businesses must implement updated best practices, starting with the hiring process. With comprehensive employee screening and utilizing advanced and compliant drug-testing solutions, employers can build a workforce they trust.
Weaknesses in Traditional Drug Testing
Traditional drug testing methods, such as urinalysis, are prone to tampering. Quest Diagnostics data reveals a correlation between the rise in positive marijuana tests and an increase in attempts to tamper with drug tests. The rate of positive marijuana tests has climbed from 3.1% in 2019 to 4.5% in 2023, reaching 5.8% in states that legalized recreational marijuana in 2023. This increase correlates with higher attempts to manipulate results, posing risks, especially in safety-critical industries like healthcare.
Common tampering tactics include:
- Dilution: Drinking excessive fluids to lower drug concentration in the sample.
- Adulteration: Adding substances to alter test outcomes.
- Substitution: Replacing the sample with a “clean” one.
These practices undermine workplace safety and productivity. Additionally, traditional drug testing does not provide real-time results. In states like Arizona, employers need evidence of current impairment, as a positive test alone is insufficient for termination. Fortunately, there are effective strategies to help businesses address these challenges and maintain a safe, compliant workplace.
Responding to Regulatory Shifts: New Technologies on the Rise
Changing marijuana laws complicates workplace policies. The rate of positive marijuana tests after workplace accidents has steadily increased over the past 25 years, now reaching its highest level. States with recreational sales report higher workplace injury rates among younger workers. Adapting to these legal changes is essential for regulated industries.
Advanced drug testing methods assist employers in meeting compliance standards while ensuring a safe work environment. Two innovations stand out: cannabis breathalyzers and oral fluid testing. Cannabis breathalyzers detect recent marijuana use by capturing molecules from the lungs in a tamper-proof cartridge. The collection is done under direct observation, reducing the risk of sample manipulation or contamination. This method also identifies active THC, which can reveal on-the-job impairment.
Oral fluid testing identifies recent marijuana use within 48 hours or as quickly as 20 minutes. Observed collection makes cheating difficult, while real-time results enable swift decision-making. These tools improve accuracy and help employers address the shortcomings of traditional testing. This method has gained further credibility with its recent approval by the U.S. Department of Transportation, highlighting its reliability and effectiveness. Most importantly, these testing tools allow employers to comply with emerging cannabis laws in their respective states.
Setting New Standards in Workplace Drug Testing
Modern drug-testing technologies offer benefits beyond compliance by preventing workplace accidents, deterring on-the-job drug use with real-time results, and safeguarding a company’s reputation to maintain trust with clients and the public.
Businesses across all industries must embrace these innovations to avoid emerging risks. Cannabis breathalyzers and oral fluid testing reduce tampering and provide real-time, actionable results that help maintain a compliant and protected work environment.
Amanda Kearns is VP of Delivery at Shield Screening, a PBSA accredited, full-service background screening company.
