In December 2018, recreational marijuana use and possession became legal under Michigan law (with certain limits). What does this mean for employers?
- Employers can still discipline, discharge, or refuse to hire someone because of possession or use of marijuana at work.
- Employers can still drug test. However, drug testing for marijuana is not always accurate, because it remains in the system after its effects wear off. Drug testing may not accurately tell you if an employee is under the influence of marijuana at work.
From a practical standpoint, pre-employment drug testing for marijuana may drastically limit the available pool of employees, because it is anticipated that recreational use will rise now that it is legal. Of course, testing should still be done for positions that require operating heavy equipment or other
Even though an employer can lawfully terminate someone for a positive marijuana test or possession/use at work, that may not excuse the employer from paying unemployment benefits. Individuals terminated for a positive marijuana drug test are not disqualified from receiving unemployment benefits from the Michigan Unemployment Insurance Agency, if they hold a medical marijuana card. This could possibly be extended to recreational use as well.
Please contact us if you have questions, or if you need to amend your employee handbook or other policies.
This blog post was drafted by Melissa Demorest LeDuc, Esq.
