Policy makers in Michigan are considering major changes to the state’s drug-testing policy, particularly regarding cannabis use.
The potential change comes more than four years after voters approved a ballot measure that would legalize recreational cannabis use by adults 21 and older.
and letter The state civil service commission solicited public comment in a letter it sent to personnel officials earlier this month as it considers various adjustments to Michigan’s policy.
“Recent years have seen changes in state laws regulating controlled substances across the country. Michigan voters legalized marijuana for medical use in 2008 and recreational use by adults in 2018. I did,” the letter, sent May 12, said. – Marijuana Employment Testing Mandate for Classified Employees Employed in Non-Testing Designated Positions. Elimination of this pre-employment testing for marijuana does not affect the availability of reasonable suspicion of marijuana or follow-up testing for classified employees, including prospective employees. ”
The letter noted that in the late 1990s, “collective bargaining agreements added provisions permitting similar reasonable suspicion, follow-up, random sampling, and post-accident drug testing of exclusive representative employees.” explains. Federal law also requires employee testing prior to employment and for some designated testing positions operating certain vehicles. ”
“A 1998 rule directed state personnel directors to establish drug prohibition levels in regulations. Although the regulation technically allows government agencies to seek approval for testing of any drug under Schedule 1 or 2 of the state public health code, it has not been used by the state since 1998. Marijuana, cocaine, opiates, amphetamines, and phencyclidine under the default testing protocol,” the letter read.
The letter also noted that since the new cannabis law took effect in December 2018, “about 350 applicants for classified jobs have tested positive for marijuana in pre-employment tests.”
Current Michigan regulations prevent these applicants from applying to the state for another job for three years.
“Many of these sanctions have since expired, but hundreds are still in force. There is the possibility of adopting provisional language granting amnesty through revocation.While such measures would not provide employment for these candidates, they would not wait three years after sanctions to apply for classified positions. We will allow it,” the letter said.
As states lifted long-standing bans on recreational cannabis use, lawmakers and regulators realigned their drug-testing policies with new cannabis laws.
Earlier this month, Washington Gov. Jay Inslee signed a bill protecting employees from cannabis testing.
The law states that “It is unlawful for an employer to discriminate against a person in his first employment for employment if such discrimination is based on:” or (b) found to contain non-psychoactive cannabis metabolites in hair, blood, urine, or other bodily fluids by an employer-requested drug screening test. ”
Professional sports leagues are following suit. A new collective bargaining agreement between the NBA and its players, signed last month, removes cannabis from the list of banned substances. The new deal will also allow players to promote and invest in cannabis companies.
NBA Commissioner Adam Silver telegraphed the reforms back in 2020.
“Given everything that’s going on in society, and the pressure and stress that our players are under, we have decided that we don’t need to act as Big Brother right now,” Silver said at the time. “I think this is how society views marijuana.” [have] It has changed to some extent. ”