Michigan Alcohol and Drugs laws & HR compliance analysis

Michigan Alcohol and Drugs: What you need to know

Michigan has no statewide law that prohibits or regulates drug testing by public or private employers. Therefore, Michigan employers are free to implement testing policies at their own discretion. There are details on implementing a drug testing program available.
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State law allows the medical use of marijuana by qualifying patients who have registered with the state and possess a valid registry identification card. Qualifying patients may not be arrested, prosecuted, or penalized or denied any right or privilege by a business or occupational or professional licensing board or bureau because of their lawful possession or use of medical marijuana. Individuals may not possess more than 2.5 ounces of usable medical marijuana. The law does not allow an individual to use marijuana when doing so would constitute negligence or professional malpractice or to possess marijuana, or otherwise engage in the medical use of marijuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in a correctional facility. Individuals may not smoke marijuana on any form of public transportation or in any public place and may not operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana. Employers are not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana (MI Rev. Stat. Sec. 333.26421). State law does not prevent Michigan employers from taking disciplinary action against employees who test positive for the use of marijuana, even if that use takes place in the context of medical treatment (Casias v. Wal-Mart Stores, Inc., 695 F.3d ...

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