Under Michigan’s Proposal 1, all adults who are 21 and older may possess and use marijuana for any purpose, including recreational. The new law, however, does not affect an employer’s ability to terminate an employee for a positive marijuana test performed in accordance with company policies, even if the employee has a medical marijuana card. The problem with testing, however, is that there is no definitive test available to determine whether an employee is under the influence at work. Employers in states that permit recreational or medical use of marijuana should revisit existing drug testing policies, keeping in mind that, in some states, medical marijuana use is protected by the Americans with Disabilities Act.
