Marijuana Legalization and Rescheduling Are Changing the Workplace Drug Testing Landscape, but CCG’s Latest Industry Data Suggests Drug Testing Is Far from Dead
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Employers and drug testing providers are asking an important question:
Will the marijuana movement kill workplace drug testing?
With the rescheduling of marijuana weighing heavily on the minds of employers and providers, many are wondering what the future of drug testing will look like.
- Will the industry survive if marijuana rescheduling ultimately leads to federal legalization?
- Will the U.S. Department of Transportation (DOT) lose the authority to require covered employers to test applicants and employees for marijuana?
- If so, will those employers continue to test for cannabis on their own authority?
- Will the ongoing effort to legalize marijuana at the state level hurt or actually help drug testing sales?
According to Current Consulting Group’s (CCG) 28th Annual Drug Testing Industry Survey, the future looks bright for workplace drug testing, though providers are understandably concerned about the rescheduling of marijuana and how it might affect safety.
Marijuana Legalization and Workplace Drug Testing
CCG’s latest survey, co-sponsored by the National Drug and Alcohol Screening Association (NDASA), involved nearly 500 drug testing professionals, representing one of the highest response rates in the survey’s history.
Participants represented laboratories, device manufacturers, Medical Review Officers (MROs), third-party administrators (TPAs), background screening companies, collectors, Substance Abuse Professionals (SAPs), and other industry professionals.
In addition to NDASA, other survey sponsors included Abbott, ClearStar, Cynergy, DISA, DrugPak, HASC, Premier Biotech, and Quest.
The survey found that the legalization of marijuana continues to have an effect on drug testing sales, though the impact appears to be relatively balanced between positive and negative outcomes.
When asked, “How much is the legalization of marijuana affecting drug testing sales?”
- 36% of respondents said it is having a negative effect on sales.
- 9% said there has been no negative effect so far, but they believe there will be one eventually.
- 32% said they have not noticed a negative effect on sales.
- 4% said marijuana legalization actually has had a positive impact on drug testing sales.
- 7% said they believe the impact will eventually be positive.
Taken together, these results suggest that marijuana legalization is influencing the workplace drug testing market—but it has not resulted in a widespread collapse in demand.
Are Employers Dropping Marijuana from Drug Test Panels?
How do those results compare to previous CCG surveys? The trend line actually looks positive for employers continuing to test for marijuana. For instance, the percentage of respondents who said marijuana legalization was having only a minimal effect on sales declined from 39% in 2024 to 35% in 2025 and then 32% in 2026. Further, the percentage who said marijuana legalization was having no effect on sales remained unchanged at 32% between 2024 and 2026.
In this case, a flat trend line is actually good news. In other words, despite the continued expansion of marijuana legalization, most providers are not seeing evidence that employers are abandoning drug testing in significant numbers.
Finally, the percentage who said they see no negative effect presently but predict one will eventually occur increased from 12% to 14% between 2024 and 2025, before dropping dramatically to 7% in 2026.
When asked, “What percentage of your clients have dropped marijuana from their drug test panel in the last 12 months?” 24% said none had, a result similar to that reported in the 2025 survey. While 58% said that between 1% and 10% of their clients had stopped testing for marijuana, the survey did not ask respondents to report their total number of clients.
Why Are Employers Dropping Marijuana Testing?
CCG’s previous survey results also provide important context.
Among providers whose clients had dropped marijuana from their drug testing panels, the most common reasons in 2025 included:
- 49% said clients believed marijuana testing made it harder to hire people, down from 62% in 2024.
- 37% cited concerns about legal challenges from applicants or employees, down from 44%.
- 27% said marijuana testing was not legal in the states where their clients operated, down from 34%.
- 13% said clients did not want to know who used marijuana.
- 7% said clients did not believe it was right to test for marijuana.
- 5% said clients did not believe marijuana testing made the workplace safer.
- 4% said clients probably used marijuana themselves and did not want to be hypocritical.
The percentage of survey participants who “believe the trend of employers discontinuing marijuana testing will continue” decreased from 70% in 2024 to 62% in 2025 and 58% in 2026. The percentage who “do not believe the trend will continue” increased from 30% in 2024 to 38% in 2025 before declining to 23% in 2026. An additional 19% of respondents in 2026 selected “Don’t Know.”
What Does Marijuana Rescheduling Mean for Drug Testing?
Much has been said about the current administration’s efforts to reschedule marijuana from a Schedule I drug, alongside LSD and heroin, to a Schedule III drug, alongside Tylenol with codeine. Despite concerns among many drug testing professionals about the potential impact such a move could have on workplace safety, President Trump signed an executive order in December 2025, instructing applicable federal agencies to initiate rescheduling. Then, in February, Interim Attorney General Todd Blanche issued a directive for those agencies to move forward with the process. Even before those actions, many drug testing providers indicated they believed rescheduling would have a direct impact on employers’ drug testing policies.
When asked, “What effect will the rescheduling of marijuana as a Schedule III controlled substance have on drug testing overall?” respondents answered as follows:
- 28% said “Many employers will stop testing for marijuana.”
- 36% said “Some but not many employers will stop testing for marijuana.”
- 19% said “It will have little to no effect on drug testing.”
- 17% said “I don’t know, but our clients are asking what rescheduling means.”
Survey participants were also asked, “Will the rescheduling of marijuana as a Schedule III controlled substance result in DOT no longer having the authority to require covered employers to test for marijuana?” 12% said yes, 42% said no, and 46% admitted it was “hard to say.”
The Push for a Transportation Safety Carve-Out
NDASA has led the effort to convince lawmakers to include a “safety carve-out” in any official language related to transportation safety. A safety carve-out would ensure the DOT retains the ability to require transportation industry employers to test covered applicants and employees for marijuana.
To promote the inclusion of a safety carve-out, NDASA organized a May 21 press conference outside the DOT headquarters in Washington, D.C., which included drug testing professionals, lawmakers, and concerned citizens. Visit NDASA’s YouTube page here to view the press conference.
During the press conference, NDASA Executive Director Jo McGuire reminded us of the essential role of drug testing in helping to maintain transportation safety. She said, “Drugs and safety do not mix. I’m a mother. I’m a grandmother. And every single day when my children put their children on the school bus or buckle them into their car seats to drive down the road or the freeway, I want to know that those children are not at risk of someone operating under the influence of any drug – much less legal marijuana. This is something we must have protection for; we must continue to keep the safety record as it has been intact for decades.”
The State of the Drug Testing Industry
This all comes at a time when most drug testing professionals remain bullish about the industry’s future and optimistic about current sales trends.
A combined 72% of providers in CCG’s 2026 survey indicated that drug testing sales are on solid ground. Just over 44% of respondents (compared to 32% in 2025) reported sales had increased during the past 12 months, while another 28% said sales had remained unchanged. In contrast, only 21% indicated sales had declined over the past year.
Further, about 44% believe drug testing sales will increase by the end of 2026, compared to 16% who believe sales will decrease.
Why Employers Will Continue Drug Testing
As for what employers themselves will do if rescheduling interferes with the DOT’s authority to require covered employers to test for marijuana, consider findings from CCG’s 2025 Annual Employer Drug Testing Survey. When asked, “What are the leading reasons for establishing and maintaining a drug testing program for your company?” 78% of employers cited “to promote workplace safety” as a reason, making it the top response by a wide margin.
That motivation to keep workers and the general public safe will still be there no matter what the federal government and the Trump administration do to make marijuana more accessible, which many employers believe could increase the likelihood of more workers being impaired on the job.
Will Marijuana Legalization Kill Drug Testing?
That brings us back to the question we started with: will the marijuana movement kill drug testing? According to CCG’s most recent surveys, most providers and employers believe drug testing not only will survive, but thrive in the years ahead.
Do you have questions? Contact the Current Consulting Group at: info@currentconsultinggroup.com.
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