Michigan officials propose to stop pre-employment marijuana drug testing for the majority of government job applicants. They also give people who have already been punished for positive THC test results an opportunity to get their sanction retroactively lifted.
On Friday, the Michigan Civil Service Commission published the proposed amendments for the government’s Employment Code. This opened a period of public comments on both policies.
John Gnodtke wrote that Michigan voters had legalized the medicinal use of marijuana in 2008, and adult recreational use in 2018. “In light of these changes, commissioners have requested circulation for public comment of potential regulation amendments to end the preemployment-testing requirement for marijuana for classified employees hired into non-test-designated positions.”
The notice states that the termination of the pre-employment marijuana testing will not affect the reasonable suspicion or follow-up marijuana testing of classified employees including those who become employees.
The first amendment would amend the existing code which states that state agencies are required to drug test applicants for marijuana and other substances. It would add language that reads “except an appointing agency shall not require testing of marijuana for a drug test for new hires for a non-test-designated position.”
The commission also identified “a related issue” which would require modification under the reform. The current rules state that people who test positive to cannabis during an application for classified positions will lose their conditional offer and be banned from applying for other state agencies for three years.
According to the rule proposed by the commission, “a person who has an active sanction of three years based on a marijuana positive test result from a preemployment drug-test for a position that is not designated for testing may request the prospective revocation of the sanction as provided in regulations.”
Officials suggested that if the amendment is adopted and first reported in Detroit Free Press by officials, the policy should also be codified in another section.
Please send any public comments about the proposed amendments to the Michigan Commission on State and Local Government by email to MCSCOGC@mi.gov before June 23.
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.
The Washington State Governor has signed into law a bill that protects workers against facing discrimination in the hiring process because of their legal use of marijuana.
Washington now joins Nevada in banning discrimination against applicants who test positive for marijuana. Other states such as California or New York provide greater protections to adults who use cannabis legally during non-working hours.
Four New Jersey officers are preparing a lawsuit against Jersey City for being terminated for testing positive for marijuana , despite being protected by the state’s cannabis-legalization law and the guidance of the state attorney general.
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.
The FBI updated its hiring policy that same year, so that candidates were only disqualified if they admitted to using marijuana within a year before applying. Prior to this, potential employees of the agency were not allowed to have used cannabis in the last three years.
The Environment Protection Agency has also made it clear to its employees, that marijuana use is not allowed and neither are investments in the cannabis industry. This applies regardless of state laws or any changes in “social standards” surrounding cannabis.
The Biden administration has implemented a policy that allows for discretion in federal employment, and if a person discloses their past marijuana use. However, this policy is under fire by advocates after early reports claimed the White House had fired or punished dozens staffers who told the truth about their marijuana history.
Jen Psaki, then White House Press Secretary, tried to minimize the fallout but without much success. Her office issued a statement 2021 that stated that no one was terminated for “marijuana use from years ago,” or “due casual or infrequent usage during the previous 12 months.”
A key GOP congressman says he’ll review the federal ban on marijuana sales in D.C. after Mayor raises safety concerns
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