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Workplace Drug Testing Laws for Michigan

  • Published: 12/19/2022
  • Updated: 12/19/2022

Under Michigan law, there are very little limits on the rights of private employers to implement their own drug-testing policy. However, tests must be administered in a “nondiscriminatory manner” – this means impartially and objectively in accordance with a collective bargaining agreement, rule, policy, a verbal or written notice, or a labor-management contract.

Private employers should also keep in mind that Medical Marijuana is legal in the State of Michigan. According to Michigan case law, employers retain the right to discharge an employee if they test positive for Marijuana even with a valid prescription.

However, employees discharged for a positive marijuana result with a valid medical card may recover unemployment benefits. Employers should be cautious; other jurisdictions have found this same conduct to be discriminatory against individuals with disabilities.