Cannabis Laws & Workplace Drug Testing: What Employers & Employees MUST Know in 2026

Concepts: Cannabis; Labor Law

With 46 million Americans facing substance use disorders and cannabis laws evolving across all 50 states, workplace drug policies have become a critical challenge for employers and employees alike.

Employment law expert Keya Denner from Constangy, Brooks, Smith & Prophete joins Tom Hagy on the Emerging Litigation Podcast to break down what you need to know about cannabis, drug testing, and workplace safety in 2024.

WHAT YOU’LL LEARN:

– How state cannabis laws are reshaping workplace drug testing policies
– Balancing employee privacy rights with workplace safety obligations
– ADA compliance and reasonable accommodation for substance use disorders
– What “fitness for duty” means and when it can be required
– Documentation strategies that protect employers from litigation
– Common misconceptions about prescription drugs and workplace impairment
– How legal drug use (medical/recreational cannabis) affects employment
– Building safety programs that respect employee rights and reduce accidents

KEY INSIGHTS:

✓ Safety and privacy aren’t competing interests—employers must uphold both
✓ Documentation and consistency are your strongest legal defenses
✓ Legal drug use doesn’t eliminate safety concerns but requires individualized accommodation
✓ 46 million Americans have substance use disorders—this affects every workplace

Thanks for listening!

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If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

Ask him about creating this kind of content for your firm — podcasts, webinars, blogs, articles, papers, and more.

Keya Denner
Keya DennerLabor and Employment Litigator, Constangy, Brooks, Smith & Prophete
Keya Denner is an experienced labor and employment litigator with more than 20 years of practice advising employers on complex workplace issues and risk management. He represents clients in discrimination, disability, wage and hour class actions, non-compete, and trade secret matters, while also counseling on compliance with the FMLA and ADA. Keya partners closely with leadership and HR teams to provide practical training and preventive guidance. He also co-chairs his firm’s Cannabis & Employee Substance Abuse practice, helping employers navigate evolving cannabis laws and workplace policy challenges across industries.
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