The U.S. Department of Transportation (DOT) finalized a rule in May of 2023 that allowed for oral fluid drug testing in lieu of urine testing that was effective in December of 2023. However, the rule required that a minimum of two laboratories be certified under the Department of Health and Human Services (HHS) Guidelines. One, the primary lab, and the second to be a split specimen lab.

Marijuana has been made legal at the federal level, or has it? Some marijuana products were reclassified by the U.S. Department of Justice on April 23, 2026. However, that did not make all forms or uses of marijuana legal at the federal level.

Many employers struggle with the decision of whether to conduct drug testing for employment purposes. While the answer is clear for safety-sensitive roles or positions where testing is mandatory, it becomes more complex when testing is optional.

December 18, 2025, 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 Act.  However, currently, marijuana is still a Schedule 1 drug until otherwise notified, and there are nuances that HR needs to be aware of.  

The Office of the Secretary of Transportation (OST), U.S. Department of Transportation has proposed adding fentanyl testing to the DOT drug testing panels for both urine and oral fluid testing. This would also include norfentanyl (a metabolite of fentanyl), which would be added to the urine testing only.

Drug testing laws vary from state to state, and some states make compliance more challenging than others. Minnesota (MN) is one of those states. Even though it has had the laws in place for some time now, MN updated their law this year. Because of the changes, employers who do business in this state must review their current processes and make any required changes.

Employers are familiar with the process of making reasonable accommodation in the workplace. Maybe your new employee needs a special chair due to a back problem or a special keyboard for an employee who has a neurological condition. But do you have a process/policy in place for an applicant or employee who requires accommodation for employment drug testing? If you don’t, you should.

Here we are at the beginning of a new year again. This is a good time to review all of your background and drug screening forms, policies, and procedures.