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Michigan State Laws

Workplace Drug Testing Issues – Michigan State Laws

These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Michigan

Drug Testing Issue Status Comments
Instant or POCT Testing Permitted
Drug Panels No restrictions
Laboratory No restrictions SAMHSA certified laboratory highly recommended.
Medical Review Officer Not required Highly recommended to limit exposure to liability.
Random Testing No restrictions
Post-Accident No restrictions
Reasonable Suspicion No restrictions
Oral Fluids No restrictions
Hair Testing No restrictions
Unemployment Denial Yes Address in written policy that a positive drug or alcohol test is willful and intentional misconduct.
Workers Comp Discount No
Intoxication Defense Yes Address in written policy that a positive drug or alcohol test is willful and intentional misconduct.
Medical Marijuana Yes Employer is not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana.
Recreational Marijuana Yes November 6, 2018 - Voters in Michigan chose to legalize recreational marijuana via Proposal 1, which passed with 57% approval. Proposal 1 allows adults ages 21 and older to purchase, possess, and/or use marijuana and marijuana edibles. Under Proposal 1, employers retain all rights pertaining to workplace drug testing and disciplinary procedures.
Report Driver DOT Positives No
General Statute No drug testing law in Michigan.

Intoxication Defense – Denial of Workers Compensation Claim - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Michigan