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Michigan Drug Testing Compliance

Capital Lansing Population 9,928,300
Largest city Detroit
Area 96,716 sq mi
Criminal rate 46 crimes /10,000 people Time Zone UTC −5/−4 or −6/−5

Michigan Employee Background Check Laws

Michigan

Legal status for workplace drug screening and alcohol testing

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.

Drug Testing Overview Marijuana Court Decisions

Employer Action:
Q1: Are there any state limitations for workplace drug screening policies?
A: No specific requirements of employer drug screening policy for Michigan.
Q2: Please choose a reason for drug and alcohol testing:
No
No
No (but must have facts)
Yes - Review OSHA new ruling
No
No
No
Q3: Are there any state requirements for test methods?
A: Safety-sensitive only.
Q4: Are there any state requirements or limitation for drugs you can test for?
A: No restrictions.
Q5: Are there any state requirements or limitations for specific notice of result?
A: No restrictions.
Q6: Is it required to use a Certified Laboratory?
A: Strongly encourage to utilize a certified laboratory for drug testing.
Q7: What types of specimens can we test for?
A: No restrictions.
Q8: Are there restrictions for Alcohol Testing?
A: No restrictions.

Did you know?

Q1. Can I perform random testing for my employees in Michigan?

Correct!

 

There are no current limitations for reasons for drug testing.

Answer is “Yes”

Michigan Drug & Alcohol Testing Laws

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.

ABBREVIATIONS
  • American Association for Clinical Chemistry (AACC)
  • Blood Alcohol concentration (BAC)
  • Breath Alcohol Test (BAT)
  • Clinical Laboratory Improvement Amendments (CLIA)
  • College of American Pathologists (CAP)
  • Department of Transportation (DOT)
  • Employee Assistance Program (EAP)
  • Food and Drug Administration (FDA)
  • Forensic Urine Drug Testing (FUDT)
  • Medical Review officer (MRO)
  • National Highway Traffic Safety Administration (NHTSA) National Institute on Drug Abuse (NIDA)
  • Substance Abuse and Mental Health Administration (SAMHSA)

Update: November 2018

Disclaimer

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.

Michigan Marijuana Employer Guidelines

“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.

Michigan personal and medical use of marijuana.

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.

Update: November 2018

Disclaimer

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.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

Bobbie Henry VS. Outback Steakhouse of Florida and OSI Restaurant Partners LLC. 15-cv-10755

  1. Wrongfully Termination motivated by age discrimination. Also selling marijuana  on job premises.

Outback Steakhouse and OSI Restaurant.

Employer didn’t need to take any further actions.

Update: November 2017

TO PAGETOP