As employers plan for 2026, questions around workplace drug testing, safety, and compliance continue to evolve. Recent discussions involving fentanyl and marijuana have drawn attention across regulated and non-regulated industries, prompting many employers to seek clarity on the current status and potential implications.
This article provides an overview of where things stand in January 2026, based on available data and regulatory activity, and outlines what employers should understand as discussions continue.
Status Snapshot: Fentanyl and Marijuana (As of January 2026)
- Fentanyl (DOT): The U.S. Department of Transportation (DOT) is considering whether fentanyl should be added to its drug testing panel for regulated industries. The public comment period has now closed, and the proposal is awaiting further regulatory review. No fentanyl testing requirement is currently in effect under DOT regulations.
- Marijuana: While marijuana policy continues to be discussed at the federal level, its classification remains unchanged as of publication. In December 2025, an executive order directed the Attorney General to expedite the formal rulemaking process to reschedule marijuana under the Controlled Substances Act from Schedule I to Schedule III. Executive directives related to marijuana focus on rulemaking processes rather than immediate policy changes.
Fentanyl and DOT: Current Review and Considerations
The DOT’s consideration of fentanyl testing reflects increased attention to workplace safety in regulated, safety-sensitive industries such as transportation and aviation. The public comment process, which allowed stakeholders to provide feedback on potential benefits, costs, and operational impacts, has now closed.
At this stage, the discussion does not establish a new testing requirement. Employers covered by DOT regulations are not required to make changes based solely on the current review.
What the Data Shows: Fentanyl Positivity Rates
According to the 2025 Quest Diagnostics Drug Testing Index, fentanyl positivity rates differed significantly between testing categories in 2024:
- Random workplace drug tests: 1.13% positivity
- Pre-employment drug tests: 0.14% positivity
The data suggests fentanyl use may occur after hiring rather than before employment. The report also indicates that 60% of fentanyl-positive specimens tested positive for additional substances, highlighting the prevalence of polysubstance use.
Workplace Risk Considerations
Fentanyl use presents several potential risks in workplace environments:
- Impairment: Fentanyl can affect cognitive and motor function, increasing the risk of accidents or errors.
- Overdose risk: Even small amounts may cause respiratory depression, creating serious health concerns.
- Polysubstance use: Combined drug use can lead to unpredictable effects and heightened safety risks.
- Employer responsibility: Employers are responsible for maintaining safe workplaces, and unaddressed substance use may create compliance and liability challenges.
Marijuana: Federal Status and Employer Impact
While marijuana policy continues to be discussed at the federal level, its classification remains unchanged as of publication. Executive directives related to marijuana focus on review processes rather than immediate policy changes.
As a result, employer drug testing programs and compliance obligations are not automatically altered by ongoing federal discussions. Employers should continue following current federal, state, and industry-specific drug testing requirements while awaiting formal rulemaking or updated guidance.
Workplace Drug Testing: What This Means for Employers in 2026
Heading into 2026, employers may wish to focus on:
- Monitoring regulatory developments related to fentanyl and marijuana
- Understanding how current testing programs align with safety and compliance expectations
- Continuing to follow existing and evolving federal, state, and industry-specific regulations
At present, the available information does not indicate that mandatory changes to employer drug testing programs are warranted solely based on the discussions outlined above.
Supporting Employers Through Ongoing Changes
As regulatory conversations continue, employers may benefit from staying informed and reviewing their existing screening practices. CIC provides drug testing services designed to support both DOT-regulated and non-regulated employers, with options that align with organizational needs and applicable compliance frameworks.
Employers seeking guidance on current requirements or monitoring regulatory activity can work with CIC to better understand available screening options and compliance considerations.
Learn more about CIC’s employment screening and drug testing services.