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Marijuana Legalization by State.
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Our intent is to make Michigan drug screening compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug testing in Michigan.
Michigan is a “Open” state, which means there are no state statutes, regulations, or known court decisions that would limit your choices for implementing a drug or alcohol testing program. Testing is your choice; however, there may be federal rules to consider that may restrict your program in other ways.
This overview is to introduce you to the nature and history of Michigan’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
Under the "Michigan Regulation and Taxation of Marijuana Act" there's no language pertaining to the workplace or limitations for drug and alcohol screenings. Employers can enforce drug-free workplaces, including screening marijuana. Employers aren't limited from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against an employee that violates the companies drug-free workplace policy or because the employee was at work while under the influence of marijuana.
Q1. Can I perform random testing for my employees in Michigan? Yes:
There are no current limitations for reasons for drug testing.
Answer is “Yes”
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: Proposition 1 was approved by 63% of voters in the November 4, 2008 election. Effective Date: December 4, 2008. The medical use of marijuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act. The law only briefly mentions the workplace and only to say that employers need not accommodate medical marijuana use in the workplace. It also states that insurance providers need not reimburse the cost of medical marijuana.
Personal Use: Voters approved the proposition for personal, "recreational" use by 55%. This means adults over 21 in the state will be able to legally possess and grow marijuana. The proposal permits only up to 12 plants can be grown in their residence and store up to 10 ounces of marijuana.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.
Bobbie Henry VS. Outback Steakhouse of Florida and OSI Restaurant Partners LLC. 15-cv-10755
Outback Steakhouse and OSI Restaurant.
Employer didn’t need to take any further actions.