Information provided is current as of August 2, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.
Cannabis Legalization History
Possession/Personal Use Specifics
Adults aged 21 and over can purchase from a legal marijuana sales location, and possess up to 2.5 ounces of marijuana, grow up to 12 plants at home, and store up to 10 ounces within their residence.
Crossing state lines in possession, and consuming in public, is strictly prohibited.
State Regulatory Agency Information
State Forms (If Applicable)
None Specified
State Testing Policy
General Information
Employers have significant freedom regarding drug testing in the workplace. They are not required to accommodate marijuana use, even with a medical card. Testing positive for marijuana, even off-duty and with a valid card, could lead to termination. Employers can test for any drug, not just marijuana, and policies often extend beyond pre-employment screening. Establishing robust documentation is a key risk mitigant for employers in states like Michigan.
Safety-Sensitive Positions
Also called
"test-designated positions" as any role where potential drug use could endanger public safety, security, or vulnerable individuals. This encompasses jobs like operating vehicles or machinery, holding law enforcement roles, providing healthcare to state-held individuals, interacting with correctional populations, handling controlled substances, or working with hazardous materials.
Recommended Procedures
Does the state have recommended procedures?
It is always recommended to have standardized documentation and training procedures and regular employee evaluations to set clear performance expectations.
Michigan employers control their drug-free workplace policies. They can restrict marijuana use, even with a medical card, and conduct drug testing with broad discretion. A positive test, even off-duty, could lead to termination. While privacy laws are limited, fair and nondiscriminatory application of policies is crucial. For specific guidance, consult legal professionals.
State Employee Procedures and Policies
Michigan prioritizes safe workplaces by prohibiting drug use, including marijuana, for all its employees. Violation leads to potential dismissal. To deter drug use, Michigan educates employees, tests for drugs, and requires reporting of drug convictions. Employees must follow these rules and report convictions to avoid termination or rehabilitation programs. This policy applies to all state employees and officials.
Protections for Use Outside Workplace/Work Hours
Is Michigan a "Right to Weed State"?
Employers set the rules on marijuana within their workplaces, regardless of off-duty medical marijuana use. Drug testing policies allow them to potentially terminate employees who test positive, so documentation is crucial.
More Detailed Information
State Requirements for Drug & Alcohol Testing Program
Testing Policy Requirements
Main Requirement
Although many states have passed laws regulating or restricting an employer's right to require drug testing, Michigan has not. Michigan legislation does not address drug testing in private employment.
