Your D & A Industry Source
Your D & A Industry Source
Michigan's drug testing laws aim to balance the interests of employers and employees, ensuring workplace safety while protecting individual rights. Employers in Michigan have significant leeway in implementing drug testing policies, especially for safety-sensitive positions regulated by federal guidelines. However, they must clearly outline their policies in employee handbooks or contracts to avoid disputes. The Michigan Medical Marihuana Act (MMMA) protects registered patients from legal penalties for medical marijuana use but does not prevent employers from enforcing drug-free workplace policies.
According to Michigan law, The Michigan Medical Marihuana Act (Mich. Comp. Laws § 333.26421 et seq.) permits the use and possession of medical marijuana, also known as cannabis, by qualified patients. However, the law does not authorize patients to use, possess, or be impaired by marijuana while at work, on the employer's premises, or during hours of employment. The state's medical marijuana law also provides the following (as cited from the statute):
Michigan Comp. Laws §333.26427 "B. This act does not authorize a person to do any of the following: (1) Undertake any task under the influence of marijuana, if doing so would constitute negligence or professional malpractice."
Michigan Comp. Laws §333.26427 "C. Nothing in this act requires any of the following: "(2) An employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana."
For more information about Michigan medical marijuana law, review: http://www.legislature.mi.gov. Michigan Legislature – Michigan Compiled Laws and Michigan Employment Law §1.01[4] for specific testing in Michigan.
The Michigan Civil Service Commission recently voted to end marijuana drug tests for most state jobs, effective October. The legalization of recreational marijuana prompted this change and aims to ease recruitment and retention challenges. However, certain positions such as corrections officers, state troopers, drivers, and healthcare workers will still require drug testing due to federal regulations. Employers must communicate their policies clearly to employees, ensuring awareness of their rights and responsibilities.
Employees in Michigan are protected under state and federal law regarding workplace drug testing. The MMMA shields registered medical marijuana patients from criminal penalties for use outside the workplace but does not protect against adverse employment actions. Employers must balance operational needs with employee protections, particularly as marijuana legislation evolves. The Braska v. Challenge Manufacturing Co. decision highlighted that employees terminated for medical marijuana use might still qualify for unemployment benefits, emphasizing the nuanced relationship between state law and workplace practices.
Overall, Michigan's drug testing laws reflect a commitment to maintaining a safe and fair workplace while accommodating the evolving landscape of marijuana legislation. Employers and employees must stay informed of their rights and responsibilities to navigate these regulations effectively.
Hello, my name is Andrea Owens owner of HourGlass® Testing Solutions, with 37 years of experience in the drug testing industry, my company provides services for companies locally and nationally. I have the privilege of working in an industry that promotes prevention and safety. Thirty-six years of experience in the drug and alcohol testing industry has allowed me to train drug screen collectors, breath alcohol technicians and employers on policies, compliance and regulatory issues that affect productivity and job performance.
Mission Statement
The mission of HourGlass Testing Solutions is to help improve the safety of our community& workforce by assisting area employers with the management of their drug testing programs and providing education and training for workplace compliance solutions. Why is our mission so important? The loss of a loved one at the hands of an individual under the influence is tough to endure. Working together with employers to keep our workplace, roadways and communities free of substance abuse saves lives.
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