Michigan State Drug Testing 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.

Michigan does not have a specific drug testing law so employment drug testing is an employer decision.

Drug Testing IssueStatusComments
Instant or POCT Testing Permitted
Drug PanelsNo Restrictions
LaboratoryNo RestrictionsSAMHSA certified laboratory highly recommended.
Medical Review Officer Not RequiredHighly recommended to limit exposure to liability.
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable Suspicion No Restrictions
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYesAddress in written policy that a positive drug or alcohol test is willful and intentional misconduct.
Workers Comp Discount No
Intoxication Defense - Workers Comp Denial of BenefitsYes, limited lawsAddress in written policy that a positive drug or alcohol test is willful and intentional misconduct.
Medical Marijuana YesEmployer is not required to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana.
Recreational Marijuana YesNovember 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 StatuteNoNo 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.

Michigan law MCL §418.305 states “If the employee is injured by reason of his intentional and willful misconduct, he shall not receive compensation under the provisions of this act.” It is important to include in your written drug free workplace policy that testing positive for drugs or refusing a required drug test is willful misconduct. This could help a denial of a workers comp claim.

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

Drug Testing in Michigan

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Michigan

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.