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Michigan - Considerations for Marijuana in the Workplace

  • Last Update on April 21, 2023

Medical
Marijuana Law:

Recreational
Marijuana Law:

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Employer Concerns – Significant to Review

  • Marijuana use in Michigan is legal both medical and recreational.
  • Nothing in the law requires an employer to accommodate use or being under the influence of marijuana in the workplace.
  • Employers may discipline an employee for the violation of a drug-free workplace policy including being under the influence.
  • Impaired driving violation denotes zero tolerance of any level of THC. However, Michigan’s Supreme Court separately determined that protections of the state’s medical marijuana law trump the state’s zero tolerance DUI law and the state must show evidence of impairment to qualify for a DUI conviction.
  • Michigan employers should address marijuana in their drug free workplace policies.

Testing

  • Drug testing is legal in Michigan including testing for marijuana
  • An employer may discipline an employee for a drug-free workplace policy violation up to and including terminating an employee for testing positive for marijuana on a drug test even when the use was off-duty. 

Hiring/Termination

  • An employer may terminate an employee for testing positive for marijuana on a drug test.  .

Discipline

  • Employers may discipline an employee for the violation of a drug-free workplace policy including being under the influence.
  • The law offers a qualifying patient protection from disciplinary actions by businesses and professional licensing boards for their use of marijuana but does not mention employers.  This provision had not held up in courts because in Michigan there is no state-recognized right to employment.

Use/Possession

  • Marijuana is legal in Michigan, both medical and recreational
  • Smoking is permitted
  • Consumption in private places or at home is permitted.
  • Use or being under the influence of marijuana on an employer’s property or while at work is prohibited.
  • Consumption or being under the influence in cars or public places, and possession and consumption at universities that receive public funding, is prohibited.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • Michigan has passed legislation clarifying that employers are not required to reimburse injured workers for charges associated with medical marijuana.
  • There is unemployment compensation voluntary law with details regarding drug testing requirements. Although not required, this statute provides greater latitude for an employer to deny workers’ compensation claims.
  • Apply the Checklist of Impacting Issues to Research provided by NDS for additional state laws and issues that can relate to and/or impact your operations regarding employee use of marijuana.

Sources

(e.g., Bill Number, Authority)
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

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