Drug testing remains an important part of workplace safety, risk management and responsible hiring. For employers, a well-designed drug testing program can provide valuable information when evaluating candidates and employees, particularly in safety-sensitive positions and industries where impairment can have serious consequences.
At the same time, the rules governing workplace drug testing are changing. Federal, state and local governments continue to address marijuana legalization, THC testing, employee protections and the circumstances under which employers can test or take action based on a positive result. Advances in testing technology are also giving employers different options and requirements as to what they test, how they test and what a positive result may indicate.
These changes are creating a more complex and confusing environment for employers. Policies that may have been appropriate several years ago may need to be reviewed as laws, testing methodologies and workplace expectations continue to evolve.
One substance is at the center of much of this change: marijuana and THC.
Our own 2026 drug-testing data shows just how significant that shift has become.
As marijuana laws continue to evolve across the country, employers are facing an increasingly complicated question: What does a positive marijuana test actually mean, and should marijuana still be part of a workplace drug-testing program?
The answer is not as simple as whether marijuana is legal in a particular state.
Marijuana Is Driving the Vast Majority of Positive Tests
Reliable Background Screening recently reviewed a non-bias sample of its own drug-testing activity from January 1, 2026 through September 3, 2026.
During that period:
- 669 drug screens were conducted
- 56 tests were positive
- 8.37% was the overall positivity rate
- 2 involved amphetamines, including 1 methamphetamine positive
- 1 involved benzodiazepines
The most striking finding is that marijuana accounted for approximately 99.4% of all positive results in Reliable’s internal sample. It is also striking that this would be 1 positive test for every 12 tests conducted.
That finding is consistent with the broader direction of workplace drug-testing data.
According to Quest Diagnostics’ 2026 Drug Testing Index, marijuana remained the most frequently detected substance in the general U.S. workforce. In 2025, marijuana positivity was 4.4% in urine testing, compared with 1.7% for amphetamines in the 2024 data reported in its prior index. Quest also reported marijuana positivity of 11.1% in oral-fluid testing and 15.1% in hair testing in 2025.
The testing method matters because different specimen types can detect different patterns and windows of drug exposure.
The THC Conversation Has Changed
Historically, many employers viewed a marijuana-positive result relatively simply: the test was positive, it went to a Medical Review officer for confirmation and marijuana was prohibited under the company’s drug-free workplace policy.
That approach has become much more complicated.
Marijuana legalization has expanded across the country, while states and local jurisdictions have adopted different rules governing workplace drug testing and what employers can do with a positive result. The Substance Abuse and Mental Health Services Administration (SAMHSA) specifically cautions that employers must consider state and local laws affecting drug testing, and that marijuana being legal in a particular state does not necessarily mean an employer’s drug-free workplace policy is prohibited.
As example, California is a state that provides an important example of why employers need to understand the type of marijuana test being conducted. California’s workplace marijuana rules changed significantly beginning January 1, 2024, and those protections remain important in 2026 and beyond. Generally, employers with five or more employees cannot discriminate against an applicant or employee solely because they use cannabis legally away from work, or because a drug test detects non-psychoactive cannabis metabolites such as those commonly identified through traditional urine testing. However, employers can still maintain drug- and alcohol-free workplace policies, prohibit marijuana use or impairment at work, and may take action when a scientifically valid test detects psychoactive THC during normal work hours, subject to applicable law. There are important exceptions, including certain federally regulated positions, jobs requiring federal security clearances, and building and construction trades—and federal or state laws requiring drug testing can override these protections and it is best to speak with your legal counsel for a final approval of any program.
Traditional urine testing generally looks for THC-COOH, a metabolite of THC. Oral-fluid testing, by contrast, detects THC itself. SAMHSA’s federal testing guidance identifies urine and oral fluid as authorized specimen types for federal workplace testing, and specifically distinguishes the compounds analyzed in the two specimen types.
That distinction can be significant for employers operating in jurisdictions where laws distinguish between evidence of historical marijuana use and the presence of THC itself.
The result is that employers should not simply ask:
“Do we test for marijuana?”
They should be asking:
“What are we testing for, why are we testing, what specimen are we using, and what does the applicable law allow us to do with the result?”
Legal Does Not Necessarily Mean Irrelevant to Workplace Safety
One of the biggest misconceptions surrounding marijuana is that legalization eliminates the relevance of workplace drug testing.
It does not.
Employers can have legitimate reasons for maintaining drug-free workplace programs, particularly when employees operate vehicles, machinery, interact with vulnerable populations, handle dangerous equipment, or perform other safety-sensitive responsibilities.
SAMHSA describes workplace drug testing as a prevention and deterrence tool that can be incorporated into a comprehensive drug-free workplace program. Testing may occur before employment, after an accident, based on reasonable suspicion, randomly, or as part of return-to-duty and follow-up programs, depending on the employer and applicable requirements.
Federal safety-sensitive programs provide another illustration. The Department of Transportation’s 2026 rules continue to require drug testing for covered employees, and DOT-authorized testing uses urine or oral fluid specimens.
For employers, therefore, the issue is how marijuana use intersects with the responsibilities of the position, the employer’s written policy, applicable federal and state law, and workplace safety.
Why Employers Should Think Carefully Before Removing THC
Some employers have considered removing marijuana from their drug-testing panels because of legalization and concerns about recruiting.
That decision deserves careful consideration.
Quest Diagnostics’ national data shows that marijuana continues to account for the largest share of workplace drug positives. Its 2025 Drug Testing Index found that marijuana positivity following workplace accidents was 7.3% in 2024, compared with 4.5% marijuana positivity in the general workforce.
Quest’s more recent 2026 data also found that marijuana remained the primary driver of positive drug tests across specimen types. This does not mean that a marijuana-positive test proves an employee was impaired at the time of testing. A positive test and actual workplace impairment are not interchangeable concepts.
That distinction is particularly important with marijuana.
Instead, drug testing gives an employer information that can be evaluated within the context of its policy, the position, applicable law and other relevant facts.
Reliable’s Data Shows Why the Conversation Matters
Our own 2026 data provides a useful snapshot of what employers may encounter.
Of the 669 sample drug screens conducted by Reliable between January 1 and September 3, 2026, 56 were positive, producing an overall positive rate of 8.37%.
But the most significant takeaway is not simply the 8.37% figure.
THC is overwhelmingly the issue appearing in this particular sample.
At the same time, the data should be viewed appropriately. Reliable’s internal results represent the specific population, clients, testing panels and testing circumstances represented in our business. They should not be interpreted as a national workforce positivity rate. What they do demonstrate is something employers are seeing firsthand:
Marijuana has become the central issue employers must address when developing a modern drug-testing policy.
Drug Testing Is Also Evolving Beyond THC
Although THC dominates the conversation, employers should not lose sight of other substances. Our 2026 internal data included positives for amphetamines, methamphetamine and benzodiazepines. National testing data also continues to identify positive results involving a range of substances.
Quest’s 2026 Drug Testing Index reported that overall urine drug-test positivity in the general U.S. workforce remained above 4% in 2025, while marijuana remained the most commonly detected substance.
The lesson is that a drug-testing program should not be built around a single substance simply because that substance receives the most attention. Employers should evaluate their workforce, positions, safety considerations and legal requirements when determining what should be included in a testing panel.
What Should Employers Be Asking in 2026?
Before changing or eliminating a drug-testing program, employers should consider several questions:
1. What is the purpose of our testing program?
Is the primary objective workplace safety, compliance, risk management, pre-employment screening, deterrence, or some combination?
2. Which positions should be tested?
The appropriate approach may differ between a safety-sensitive position and a traditional office position. A question to always ask is “would drug testing be related to the specific job in protecting the safety of self and others?”
3. What substances should be included?
Marijuana, amphetamines, opioids, cocaine and other substances may warrant consideration depending on the employer and workforce.
4. Which specimen is appropriate?
Urine, oral fluid and hair testing have different characteristics and detection windows.
5. What does our state allow?
Drug-testing laws and marijuana-related employment protections vary significantly by jurisdiction. SAMHSA notes that state and local laws can dictate who may be tested, how testing is conducted and what actions may follow a positive result. It is always wise to speak with your legal about the program that is right and compliant for your organization.
6. Does our written policy match what we actually do?
A drug-testing policy should be consistently implemented and reviewed as laws and testing practices evolve. Work with your legal on best practices, updated laws/regulations and what is best for the organization in helping reduce risk, thus – creating and keeping a safe work environment.
7. Are we distinguishing a positive test from impairment?
A positive drug test does not automatically establish that an employee was impaired at the time of the test. Employers need policies and procedures that recognize that distinction as well as reviewing your state requirements.
The Bottom Line
Drug testing is not going away but it is evolving.
The growing legalization of marijuana has changed the conversation from a relatively straightforward question, “Does this person test positive for marijuana?”, to a much more nuanced one:
What does the test detect, what does the result tell us, what does the law permit, and how does that information fit within our workplace safety and hiring policies?
Reliable Background Screening’s 2026 internal results reinforce why employers should continue having that conversation. With 56 positive results among 669 screens, THC was overwhelmingly the substance identified in our testing population.
For employers, the objective should not be to test simply because testing has always been done. The objective should be to develop an ongoing, consistent, legally compliant and thoughtfully designed drug-testing program that provides meaningful information while recognizing the rapidly changing environment surrounding marijuana and other substances.
As the laws, technology and workplace expectations continue to evolve, employers should regularly review their drug-testing policies rather than assume yesterday’s approach will remain appropriate tomorrow.
Reliable Background Screening’s 2026 drug-testing figures represent internal company random sample non-biased data for screens conducted from January 1, 2026 through September 3, 2026. The results are not intended to represent national workforce drug-use prevalence. Employers should consult qualified legal counsel regarding the drug-testing laws applicable to their particular jurisdiction, industry and workforce.
Posted by: Rudy Troisi, L.P.I. | Founder, CEO, Reliable Background Screening and Dr. Alan Lasky | SVP Business Development & Partnerships.
