On December 6, 2018, Michigan passed the Marijuana Legalization Initiative legalizing recreational use and possession of marijuana for individuals 21 years and older.
Even though marijuana is legal for recreational use, it still remains illegal under federal law. This means that as an employer, you can still prohibit its use in the workplace.
What About Drug Testing?
As employers nationwide are navigating the ever-changing landscape of medical and recreational marijuana law, you may want to examine your drug policies to see if you want to make a change.
You may face a talent pool that may not be able to pass a drug test.
At the same time, you’re tasked with promoting workplace safety. Requiring candidates to pass a drug test is one way of making sure you can do just that.
Drug testing is especially challenging in industries like healthcare, manufacturing, transportation and utilities, where zero tolerance policies are enforced.
Even with legalization, you may still conduct pre-employment, random and post-incident drug testing for marijuana.
You may also reject candidates and discipline employees based on a positive drug test result. However, you will need to make sure candidates and employees know your policy on drug testing and drug use in the workplace so that your rules are clear and understood.
Having an established and consistently enforced policy can help you to avoid unnecessary HR problems.
What About Prior Marijuana Related Convictions?
There is currently a bill pending in the Michigan Legislature to require judges to consider expunging records of individuals convicted of many misdemeanor marijuana offenses that will no longer be crimes under the new law.
Michigan’s new Governor, Gretchen Whitmer, could consider pardoning some criminal offenders. She has said she would favor some sort of legislation that would expunge some low-level prior marijuana offenses.
In other states where legalization has passed, some states have made it easier for individuals to get their previous convictions sealed or expunged.
While many questions remain unanswered, HR professionals can proactively begin by examining policies, while considering job requirements as well as workplace safety.