Cannabis and Drug Testing Policies for Michigan Employers
Michigan voters legalized adult-use and medical marihuana, but both laws leave employer drug policies intact. Here is what the statutes say, what the ADA adds, and how the benefits side fits.
What the Regulation and Taxation of Marihuana Act Says
Michigan’s adult-use act includes an express employer provision (MCL 333.27954).
No Duty To Accommodate
The act does not require an employer to permit or accommodate conduct otherwise allowed by the act in any workplace or on the employer’s property. Employers still decide what is allowed at work. A clear, written policy that says what is prohibited, and where, helps supervisors and employees understand the rules, and employment counsel can review it for your situation.
Discipline For Policy Violations
The act does not prohibit an employer from disciplining an employee for violating a workplace drug policy or for working while under the influence of marihuana. The policy should say what behaviors lead to discipline, such as possession at work or reporting to work impaired. Apply it the same way each time and keep notes of the facts behind each decision.
Hiring And Firing
It does not prevent an employer from refusing to hire, discharging, disciplining or otherwise taking adverse action because of a violation of a workplace drug policy or because the person was working under the influence. Employers should still follow their own policies, state and federal law, and any applicable agreements when making employment decisions. Consult employment counsel before acting on a close case, and document the reasons for the decision.
Property Owners
The act allows a person to prohibit or regulate marihuana consumption and related activity on property they own, occupy or manage. Employers can set rules for their own buildings, vehicles and work sites. Make sure the rules are posted or included in the handbook, so employees know them before a situation comes up.
What It Does Not Do
It does not protect an employee from policy enforcement, and it does not require employers to change a drug-free workplace policy. Employees who use marihuana lawfully outside work are not guaranteed any change to workplace rules. Employers should review whether their policy language is current, and ask counsel before making changes.
Write It Down
Because the statute protects policy-based action, the policy itself carries the weight. A clear, written policy applied consistently is the foundation. Policies work best when they are short, clear and in writing, and when every manager applies them the same way. Review the policy each year, and have counsel look at it when laws or business needs change.
What the Medical Marihuana Act Says
The medical act has its own limits (MCL 333.26427).
Medical Use Is Allowed Under State Law
The act allows medical use to the extent it complies with the act, which is a different question from what an employer must accommodate. State law allows certain medical use, but that does not mean an employer must change work rules or provide accommodations in every case. Specific situations may involve other laws, so ask counsel before responding to a request.
No Workplace Accommodation
The act does not require an employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence. This applies to use at work and to impairment on the job. Employers can still set expectations about being fit for work, and supervisors should know when to involve HR rather than deciding on their own.
No Insurer Reimbursement Duty
The act does not require a government medical assistance program or a commercial or nonprofit health insurer to reimburse a person for the costs of medical marihuana. Employers and employees should not assume health coverage will pay for medical marihuana. Employees who ask about it can be told that the plan terms control, and HR can point them to the plan documents.
What That Means For The Plan
Your group health plan does not have to cover medical marihuana because the state act authorizes its use. The plan terms and the carrier contract decide what is covered, and the act does not change that. If employees ask, point them to the plan documents and avoid giving answers that sound like promises.
Safety-Sensitive Work
The act does not authorize operating a vehicle or other machinery while under the influence, or undertaking a task under the influence that would constitute negligence. Jobs that involve driving, machinery or other safety risks call for extra care. Employers should state clearly what is not allowed, train supervisors to recognize and report impairment, and involve counsel before taking action.
Impairment Policy
Pair any testing policy with a clear impairment standard so supervisors know what to document. Supervisors should know what signs to note, who to call and how to record what they saw. A short checklist and training session helps them treat each situation consistently and gives HR a reliable record.
The ADA Position and the Benefits Side
Federal disability law and your plans each touch the topic.
The ADA Excludes Current Illegal Drug Use
A qualified individual with a disability does not include someone currently using illegal drugs when the employer acts on that use (42 U.S.C. 12114). This is a federal rule with its own exceptions, and it works alongside state law. Employers with questions about how it applies to a specific employee should speak with employment counsel before taking action.
Testing Is Not A Medical Exam
Under the ADA, a test for illegal drug use is not considered a medical examination. The statute neither encourages nor prohibits testing. Testing programs should be written down, applied evenly and used only for stated purposes. Because other rules may apply, employment counsel should review the testing policy and the way results are handled.
DOT Rules Stay In Place
Entities regulated by the Department of Transportation may continue to test safety-sensitive employees and remove those who test positive. Employers in transportation and similar fields often have federal testing obligations on top of state rules. Check with counsel and the applicable regulator on what must be followed in your workplace.
Rehabilitation Is Protected
Employees who have completed or are in a supervised rehabilitation program are not excluded, and employers may use reasonable testing to confirm they have stopped. Employees in treatment or recovery may have rights, so supervisors should avoid assumptions and involve HR. Employment counsel can help the employer decide how and when testing is appropriate in these cases.
Your EAP Matters
An employee assistance program gives employees a confidential route to help before a policy violation occurs.
Review Before You Change
Any change to a drug testing policy should go through employment counsel, since labor, privacy and civil rights laws all apply. Before adding, removing or changing testing rules, ask counsel to review the draft, the notice to employees and the way it will be applied. Share changes with staff in writing and give managers time to learn them.
Questions We Get About Cannabis and Drug Testing
Can a Michigan employer fire someone for marihuana use?
The adult-use act says employers may take adverse action for a violation of a workplace drug policy or for working while under the influence. Apply the policy consistently and consult counsel on specific cases.
Do we have to accommodate medical marihuana?
The medical act does not require an employer to accommodate ingestion in any workplace or an employee working while under the influence.
Does our health plan have to cover medical marihuana?
No. The medical act does not require an insurer or government program to reimburse the costs of medical marihuana.
Does the ADA protect marihuana use?
The ADA excludes current users of illegal drugs when the employer acts on that use. Seek counsel on the facts.
Can we drug test?
The ADA does not treat a drug test as a medical examination and neither requires nor prohibits testing. Follow your written policy and applicable law.
What about DOT-regulated drivers?
DOT-regulated employers may continue to test safety-sensitive employees and remove those who test positive.
How does the EAP help?
It gives employees a confidential place to get help, which supports a drug-free workplace policy.
Where is Michigan law collected?
See our Michigan employer benefits law guides for the broader picture.
Related Guides
Related reading: Employee Assistance Programs · Michigan Civil Rights Act Guide · Michigan Employer Benefits Law at a Glance · HR Compliance Audits · Michigan Employer Benefit Laws
Send us your renewal.
We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.
The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier
Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.
Laws and Rules Referenced
MCL 333.27954 — Michigan Regulation and Taxation of Marihuana Act: employers need not accommodate marijuana use at work and may discipline employees who violate a workplace drug policy or work while under the influence.
MCL 333.26427 — Michigan Medical Marihuana Act: employers need not accommodate ingestion of marihuana in any workplace or working while under the influence.
42 U.S.C. § 12114 — Americans with Disabilities Act: illegal use of drugs and alcohol, including that a drug test is not a medical examination.
This page is general information, not legal or tax advice. Rules change and facts matter, so confirm your situation with counsel or a qualified advisor.
An independent employee benefits consulting firm. We look at the entire benefits program — cost, plan performance, risk and administration.
Switch to CFH. Unhappy with your broker? Your employees won’t notice. You will. →
Cookies on This Site
We use cookies to keep the site working properly and to understand how it is used. You can decline anything that is not essential. See our Privacy Policy for the detail.
- Essential — needed for the site to load and for you to move around it. These cannot be switched off.
- Analytics — tell us which pages get read, so we know what is worth writing more of.
- Advertising — set by third parties such as ad and social platforms to measure and target campaigns.