The Top Ways Marijuana Legalization Affects Michigan Employers

Although it has been a few years since the 2018 passage of the Michigan Regulation and Taxation of Marihuana Act, which decriminalizes the possession and use of marijuana by adults ages 21 and older in the state, Michigan employers may still have some concerns regarding marijuana and the workplace.

Over the past couple of years, litigation related to marijuana has increased, and employers who aren’t aware of current laws could find themselves open to legal action.

Many employers aren’t concerned about the marijuana laws themselves, but have concerns related to:

  • Drug testing responsibilities and rights;
  • Workplace safety;
  • Workers’ compensation;
  • Employee privacy;
  • Disability discrimination and accommodation issues, and more.

The differences in state and federal laws may make it even more difficult for certain employers. Since marijuana is still considered a Schedule 1 narcotic under federal law, the federal government requires employee drug screenings for many companies and some specific industries, including utility companies such as DTE and Consumers Energy.

Employers should be mindful of the laws regarding marijuana use and employment protections and adapt their policies and procedures accordingly.

Help is available

The attorneys at O’Reilly Rancilio are available to help business owners review their current policies, or draft new policies related to marijuana in the workplace. For more information, please call 586-726-1000 or visit our website.

Categories: Business