How Michigan’s new Medical Marijuana Act will affect employers has been hotly debated. Proposal 1, approved by voters in the November 2008 election, removed state-level penalties for registered patients who use or possess marijuana.
On one hand, the law expressly states that it does not require employers to allow employees to use marijuana in the workplace or to work under the influence of the drug.
On the other hand, it expressly prohibits businesses from denying any privilege or imposing any discipline because of marijuana use by a person who is registered as a legal medical user.
The Michigan Department of Community Health is hammering out the details, but it’s unlikely to settle some of the thornier compliance issues facing employers.
Advice: For now, the safest course is to reiterate your existing drug policies to employees, emphasizing the provisions of the law that uphold your right to prohibit drug use in the workplace and working under the influence.