Pre-employment drug testing has long been a standard part of the hiring process. But in today’s rapidly changing legal and cultural climate, many employers are rethinking when and whether substance screening still makes sense.

While some industries continue to require strict testing protocols, others are loosening or even eliminating these requirements. Understanding the evolving rules and risks is critical to developing a policy that aligns with both compliance obligations and your company’s culture.

Regulatory Requirements Still Apply

If your business operates in a safety-sensitive industry, such as aviation, commercial trucking, public transportation, or construction, federal regulations still require drug testing.

Under the Omnibus Transportation Employee Testing Act of 1991, employers must conduct testing at multiple points in the employment cycle, including:

Pre-employment
Post-accident
Random intervals
Reasonable suspicion
Return-to-duty/follow-up

While the law provides structure for testing, employers must also stay compliant with federal, state, and local laws that may influence hiring decisions and disciplinary actions. This patchwork of requirements makes consistency and documentation especially important.

Marijuana Laws Are Changing Fast

More than 30 states now allow medical and/or recreational marijuana use, creating new challenges for hiring managers. Although marijuana remains illegal under federal law, state-level protections are forcing companies to reconsider how they handle cannabis in drug screening.

Key concerns include:

Extended detection windows, which can flag usage days or even weeks after impairment
Varying state laws, some of which prohibit taking adverse employment action based solely on a positive marijuana test
Shifting public attitudes, especially among younger job seekers who may view marijuana use as a non-issue

In response, some employers have begun removing marijuana from their screening panels or eliminating drug testing altogether, particularly in non-regulated industries.

Striking the Right Balance

So how should your company approach drug testing today?

Start by reviewing:

Industry requirements: Are you legally obligated to test?
Job roles: Do certain positions pose safety or security risks?
Company values: What kind of culture are you trying to build?
Legal environment: Are there any state or local laws that restrict how you use drug test results?

Workplace safety and compliance are still non-negotiable, but modern policies must also account for shifting legal and societal norms.

A Policy That Works for Today

Whether you continue drug testing, modify your screening panel, or eliminate testing for certain roles, your policy should be:

Clearly written and consistently applied
Reviewed regularly for legal updates
Backed by a reliable screening partner who can guide you on compliance

The conversation around drug testing is changing and so should your strategy. Make sure your screening policy reflects today’s realities, not just yesterday’s expectations.

Need Help with Background Checks or Compliance?

Whether you’re hiring new talent or updating your screening processes, the Swailes Background Check team is here to help. From criminal background checks and FCRA compliance to drug testing, employment and education verifications, MVR reports, credit history reviews, and Social Security number validation, we provide fast enrollment and expert support every step of the way.

Contact us today to streamline your screening process with confidence.