MARIJUANA IN THE WORKPLACE?
In November of 2008, Michigan voters approved Proposition 1 to permit the use of marijuana for medical treatment by properly registered patients. Cautious employers need to be proactive to ensure that workers do not misunderstand the new Act as license to bring marijuana into the workplace.
The Act states specifically that Michigan employers are not required to allow employees to use marijuana in the workplace or to work under the influence of marijuana. However, it also prohibits employers from taking adverse action against an employee who is properly registered as a legal medical user just because she in fact uses marijuana.
Employers who do not have an explicit, written policy prohibiting the use of drugs in the workplace, and also prohibiting employees from reporting to work under the influence of controlled substances, should put such policies in place immediately. For employers who already have such policies, experts suggest that the policies be republished and brought to the workforce’s attention to ensure a proper understanding of the prohibitions notwithstanding the new medical marijuana act. Additionally, employers need to use caution when an employee is found to have, or is suspected to have, marijuana in his possession at work if he shows no sign of being under the influence of the drug.
The Michigan Department of Community Health must promulgate rules under the Act by April 4, 2009. Additional information about the Act and the proposed rules can be found at www.michigan.gov/mmp.
Dirk A. Beamer
Know Your Business. Grow Your Business. Protect Your Business.
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