Michigan’s officials approved a change to its employment policy that will allow applicants for government jobs to no longer be required to undergo pre-employment drug tests for marijuana.
In a Wednesday meeting, the Michigan Civil Service Commission unanimously passed the amendment. It also allows people who have already been punished for positive THC test results to get the sanction revoked retroactively.
Commission Chair Jase Bolger stated that the intent is to treat marijuana like alcohol in the code. Bolger pointed out that someone who “overindulges” in alcohol or marijuana on a friday night “is likely not under the influence” of either when they return to work on a Monday. “So we’re going treat them the same.”
Commissioners opened a public comment period in May to get feedback.
The commission amended code to require state agencies to drug test candidates for cannabis and other substances. They added language that reads “except an appointing agency shall not require marijuana testing for a preemployment drug test for a new hire for a position not designated for test.”
The commission has addressed a “related matter” that it referred to under the code. Prior rules stipulated that people who tested positive for marijuana as part of a classified position application process would lose their conditional offer and be banned from applying for other state agencies for three years.
According to the new rule adopted by the commission, “a person who has an active sanction of three years based on a result positive for marijuana in a pre-employment test for a position that is not designated for testing may request a prospective revocation of the sanction as provided in regulations.”
Peter Neu, counsel for the Michigan Association of Governmental Employees , told WILX TV that the members of the group “believe that the changes bring Michigan Civil Service Commission Regulations in line with the laws passed by Michigan citizens.”
He said, “The state has a problem with recruitment and retention. We believe that the changes we are making will help attract a larger number of employees.”
In 2021, Michigan’s Attorney General Dana Nessel sent a legal opinion to another state commission arguing that residents who were fired for using marijuana outside of the workplace still qualify for unemployment benefits under the law.
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The legalization of marijuana has sparked a national debate on the issue of drug testing in the workplace.
A California Assembly committee last week approved a Senate passed bill which would prevent employers from asking about previous marijuana use by job applicants.
In May, Washington State Governor passed a law protecting workers against employment discrimination due to their legal use of marijuana during the hiring process.
Washington now joins Nevada in banning discrimination against applicants who test positive for marijuana. New York offers a broader range of employment protections to adults who use cannabis legally during non-working hours.
The U.S. Department of Transportation recently finalized a new rule that amends its drug-testing policy. This could have significant consequences for truckers and commercial drivers who use marijuana on the job.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has updated its employment policy to make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
Recently, the Secret Service relaxed its restrictions on marijuana use by potential agents.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing to replace several job application forms in a manner that would deal with past cannabis use much more leniently under current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers to admit prior marijuana use. However, certain legislators have called for further reform.
At a hearing on marijuana legalization last year, Rep. Jamie Raskin said that he planned to introduce a bill protecting federal employees from being denied clearances for marijuana.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana’s legalization, and called for an stop to policies that penalize federal employees when they use cannabis responsibly in states where the drug is legal.
In 2021, the director of national Intelligence (DNI), said that federal employers should not reject security clearance applications based on past use. They should also use discretion with those who have cannabis in their stock portfolios.
According to a recent survey, 30 percent of people between 18 and 30 either refused to apply or withdrew their applications because of the strict marijuana policies that are required for security clearances.
A GOP-controlled House committee blocks every marijuana and psychedelics amendment to the defense bill from being voted on
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