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

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

TIMESTAMPS:

00:00 - Substance Use in the Workplace: A Growing Concern
13:02 - Navigating Privacy and Safety in Employment
18:35 - Building Compliant Safety Programs
21:44 - Effective Safety and Assessment Programs
23:16 - Documentation and Accountability
26:27 - Understanding Fitness for Duty Processes
29:36 - Common Misconceptions About Drug Use
37:51 - Navigating Drug Regulations in the Workplace

ABOUT KEYA DENNER:

Keya Denner is a senior labor and employment litigator with over 20 years of experience representing employers in discrimination, disability, and compliance matters. He co-chairs Constangy's Cannabis & Employee Substance Abuse practice group and regularly counsels Fortune 500 companies in retail, hospitality, and logistics on building compliant workplace programs as cannabis laws evolve.

WHO SHOULD WATCH:

→ HR professionals and compliance officers
→ Business owners and executives
→ Employees using medical or recreational cannabis
→ Safety managers and team leaders
→ Anyone navigating employment law and drug policies

What's your experience with workplace drug policies? Share in the comments!

👍 Like if you found this helpful | 🔔 Subscribe for more employment law insights

#cannabislaw #workplaceculture #employmentlaw #workplacesafety #hrcompliance

Emerging Litigation Podcast

______________________________________

Thanks for listening!

If you like what you hear please give us a rating. You'd be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at [e-mail].

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

• Tom on LinkedIn
• Emerging Litigation Podcast on LinkedIn
• Emerging Litigation Podcast on the HB Litigation site