Bill Current, president and founder of the Current Consulting Group, LLC, discusses the legality of lab-based oral testing. Guidelines issued by the Substance Abuse and Mental Health Services Administration (SAMHSA) in October 2019 for lab-based oral fluid drug testing (OFMG) make it possible for federal agencies to either switch to oral fluid testing or combine it with their existing urine testing program. These guidelines do not apply to those mandated by the Department of Transportation (DOT) or the Nuclear Regulatory Commission (NRC). Seventeen states only permit use of lab-based urine testing by private-sector employers in certain industries or with certain government contracts or of companies participating in state-sponsored incentive programs, but outside of those industries and programs in those states, employers are free to use OFMG. It is important to note that marijuana laws do not dictate how drug testing can be conducted, but the shorter window of detection and ability to detect recent drug use makes oral fluid drug testing appealing in marijuana-friendly states.