Should a Michigan Employer Be Allowed to Test You for Marijuana?

Recreational marijuana use for adults 21 and older has been legal in Michigan since 2018. However, it's still illegal federally.

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Despite the legalization of marijuana, there is a common misconception among some users who believe they can smoke it anywhere they please. It is not uncommon to witness people smoking marijuana on restaurant patios, at concerts, in bars, or while driving or riding on public transportation. When confronted, their immediate defense is often, 'It's legal.' But just because something is legal doesn't mean you can do it anywhere and anytime you want.

This way of thinking can also spill over into the workplace. Some employees who use marijuana may feel that their employer should not be allowed to test for weed because it's legal.

This leads us to our question about marijuana in the workplace.

Can a Michigan Employer Legally Test You for Marijuana?

Yes, Michigan employers have the right to enforce drug-free workplace policies and may conduct drug testing, including testing for marijuana, as a condition of employment or during employment.

According to NOLO, drug testing is not prohibited or restricted unless it violates other legal provisions.

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According to Marijuana Movement, Michigan officials are proposing to end pre-employment drug testing for marijuana for most government job applicants, while also giving people who’ve already been penalized over positive THC tests an opportunity to have the sanction retroactively rescinded.