Can Michigan Employers Test For Weed?
A lot of people's favorite pastime.
If you smoke marijuana on a consistent basis, you may be asking yourself whether your job is in jeopardy purely because of what you do for medicinal or recreational purposes.
Since weed is legal in the state of Michigan, you would assume that your employers cannot test you (or fire you) based on your smoking marijuana.
You may be interested to read what the law actually says.
Attorneys at O'Reilly Rancilio say,
Michigan law allows any employer the right to trust job applicants and employees for drugs. Some employers, including those that rely on federal funding, are required to conduct employee drug testing.
According to Wendy Block, the vice president of business advocacy and member engagement at the Michigan Chamber of Commerce,
Given this (tight) job market, and given the high number of positive drug tests that are out there, many employers are rethinking drug tests altogether.
You may be wondering...
Can employers fire you for weed if it's legal in Michigan?
Before I answer, I have two different situations that have happened in the state.
The Michigan Court of Appeals ruled in favor of an employer who was fired after testing positive for marijuana. However, this particular employee had a medical marijuana card.
She sued the Lansing Board of Water and Light after they rescinded a job offer because she tested positive for tetrahydrocannabinol (THC) during a drug screen that was part of the hiring process.
But on the flip side, in a 2012 case, another medical marijuana user was fired from Walmart. However, the U.S. Court of Appeals was on Walmart's side saying that the Michigan medical marijuana law cannot determine a private employer's actions.
With all that being said, it seems to be conditional. If you work for a private company, you may want to check your employer's policies on marijuana, whether it is medicinal or recreational.