|Posted on January 15, 2019 at 1:20 PM|
Last month, Michigan became the 10th state, and the first in the Midwest, to legalize the recreational use of marijuana. The new statue, which became effective on December 6, 2018, is known as the Michigan Regulation and Taxation of Marijuana Act (“the Act”). Part of the Act’s stated intent is to decriminalize the personal possession and cultivation of marijuana by adults 21 years of age or older. The Act, among other things, allows individuals age 21 and older to possess or use up to 2.5 ounces of marijuana, and to possess and store not more than 10 ounces in their residence. Notably, the Act does not authorize the consumption or smoking of marijuana in public places.
The natural question for many Michigan employers is how, if at all, does the Act impact drug-free workplace policies? Can an employer deny employment to someone who fails a pre-employment drug test, or discipline an employee who tests positive for or is under the influence of marijuana in violation of company policy? Under the Act, an employer can still enforce a zero-tolerance/drug-free workplace policy, which typically prohibits the use, possession or being under the influence of drugs (including marijuana – still illegal under federal law) while at work or on company business.
The Act specifically addresses the employer-employee relationship and states that it..............https://www.natlawreview.com/article/michigan-brings-legalized-recreational-marijuana-to-midwest
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