[co-author: Leah Shepherd]

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 employers can do to be prepared in 2026.

Quick Hits

• President Donald Trump has instructed the U.S. Department of Justice to reclassify marijuana, which could happen in 2026.
• In recent years, a growing number of states have legalized medical and recreational marijuana, provided job protections for medical and/or recreational marijuana use, and passed new restrictions on workplace marijuana testing.
• Aside from marijuana issues, employers continue to struggle with managing opioid abuse in their workforce and have begun to experience new challenges in dealing with substances such as fentanyl and ketamine.
• A new saliva drug test may make it easier for employers to conduct drug tests at the workplace.
• Disability accommodation questions continue to create difficult issues for employers to manage.

Reclassifying Marijuana

Forty states and Washington, D.C., have legalized marijuana for medical purposes. Twenty-four states and Washington, D.C., allow marijuana for recreational purposes. However, marijuana use and possession remain illegal at the federal level.

On December 18, 2025, President Trump signed an executive order directing the attorney general to reschedule marijuana from a Schedule I to a Schedule III drug under the federal...

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