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Updating your Company’s Drug Policies in the age of Recreational Marijuana

Business Law

There are many reasons that you don’t want your employees showing up to work high, but what can you do about it now that marijuana has been legalized in Michigan?  Well for starters, the courts have held that the Michigan Medical Marijuana Act (“MMMA”) does not prohibit employers from disciplining employees based on marijuana use.[i]  While Michigan’s recreational law is in it’s infancy, it would be wise to prepare for how legalized marijuana may impact your employees.

It’s probably time to dust off your company’s employee handbook and take another look at the drug policy in light of the recent legalization of recreational marijuana in Michigan.  While voters in Michigan approved legalization of recreational marijuana, it does not mean that employers lose the ability to maintain a drug free workplace.  The language used in your employee handbook, manual or similar document should be updated to reflect the changes in the law and Michigan’s Constitution.

It’s important for your employees to know what is acceptable and unacceptable when it comes to using substances like marijuana.  Here at Shinners & Cook, P.C. we can tailor your company’s employee handbook to fit the needs and beliefs of your company in this era of change of marijuana laws in Michigan.

[i] Casias v Wal-Mart Stores, Inc 695 F3d 428 (2012). Eplee v City of Lansing, ___ Mich App ___ (2019).