You don't have to lighten up about lighting up: marijuana in the workplace

In November 2018, Michigan voters approved the decriminalization of recreational marijuana in the state. In December 2019, recreational marijuana sales began. Medical marijuana was decriminalized in Michigan in 2008. Of course, marijuana is still a schedule I drug (classified as a dangerous substance with no recognized medical use and a high potential for abuse) under federal law. Let's look at how marijuana decriminalization affects Michigan employers.

DOT-regulated drivers

The U.S. Department of Transportation (DOT) has issued notices making clear that "despite the status of marijuana under state law, employees such as department of transportation regulated drivers, who are subject to federal drug testing regulation, must continue to be tested for marijuana, and marijuana use continues to be prohibited for regulated employees."

The DOT notices also advise that medical review officers are not to verify a negative drug test and thereby ignore a positive test for marijuana simply because a state law permits medical or recreational marijuana use.

Employers can enforce antimarijuana policies