Ten years ago, a positive marijuana test was almost always grounds for disciplinary action. Fast forward to 2025. Cannabis is now legal in 40 states for medical use and 24 states for recreational use. Cities like Denver and Oakland have also decriminalized psilocybin mushrooms. For employers, especially those with safety-sensitive roles, the legal landscape is murkier than ever.
So where does workplace drug testing stand today?
At the federal level, marijuana remains a Schedule I controlled substance. That means federal contractors and positions regulated by the Department of Transportation (DOT) must still enforce zero-tolerance drug policies. But outside of those areas, state laws dominate, and they’re evolving rapidly.
Several states, including New York, California, and Connecticut, have passed laws restricting employers from taking adverse action based solely on off-duty cannabis use. In New York, for example, employers cannot test for marijuana unless impairment on the job is evident or the role is classified as safety-sensitive.
This creates a legal gray zone. Unlike alcohol, there’s no standardized test for real-time marijuana impairment. Most drug tests detect past use, not current functional impact. That’s particularly tricky in industries like construction, healthcare, and transportation, where impaired performance can pose real risks to workplace health and safety.
When it comes to psychedelics like psilocybin, the legal framework is even less developed. Decriminalization doesn’t equal workplace protection. Employers can, and often still do, prohibit any use of federally illegal substances, especially in safety-critical settings.
So what’s the best path forward for HR and legal teams?
First, review your existing drug testing policies. Consider whether blanket zero-tolerance rules still make sense, especially for non-safety roles. Tailor policies to reflect state-specific laws and clarify expectations around on-the-job impairment rather than off-duty behavior.
Second, ensure managers are trained to recognize signs of actual impairment, rather than relying solely on test results.
Finally, stay updated. The legal status of cannabis and psychedelics is shifting fast, and policies that ignore nuance may expose employers to lawsuits or compliance risks.
Conclusion
Drug testing in 2025 isn’t going away, but it must evolve. Striking the right balance between workplace health and safety and employee rights is the legal and cultural expectation.
