Last week, the Michigan Civil Service Commission enacted a revision in regulations which will halt drug tests for cannabis for candidates applying for a majority of state jobs. This amendment nullifies the preceding state protocol which instantly rejected applicants who tested positive for cannabis for state positions, even though some job applicants will still need to clear a marijuana screening prior to employment.
This updated regulation equates cannabis to alcohol for a large number of state job applicants. Tests for drugs like cocaine, opiates, amphetamines, and phencyclidine, or PCP, will still be carried out in pre-employment drug screenings. This rule, which becomes operational from October 1, also repeals an existing regulation which prohibits applicants who tested positive for marijuana from seeking another state job for three years.
Adopted during the Civil Service Commission’s meeting on July 12, this change aligns with Michigan’s marijuana legalization law, passed in 2018 through a statewide ballot measure. In 2008, medical marijuana was legalized through similar means. Commissioner Nick Ciaramitaro mentioned that this was necessary regardless of personal agreements.
“The main issue is differentiating between usage of marijuana at work and having used it in the past,” said Ciaramitaro. “Limiting our hiring because someone consumed cannabis a few weeks ago isn’t sensible.”
As per the Civil Service Commission, about 350 applicants were disqualified from state jobs due to a positive cannabis test since its legalization for recreational use five years ago.
Commission chair Jase Bolger mentioned that the state’s residents chose to treat recreational marijuana similar to alcohol. He emphasized that, although it’s not advised to indulge in either substance heavily, their treatment should be consistent when reporting to work on Monday morning.
Some Applicants Will Still Be Subjected to Cannabis Testing
The rule change, however, does not apply to all state jobs. Cannabis drug tests will still be required for those seeking positions with the Michigan State Police, Department of Corrections, healthcare jobs, or state jobs that involve driving, operating heavy machinery, or handling hazardous materials.
Prior to the new rule being adopted, Bolger clarified that state employees are not permitted to use cannabis or be under its influence while at work. Tests for marijuana may still be conducted if an employee is suspected of working under the influence or as part of an accident investigation at work.
“The proposed amendments maintain the existing stance for pre-employment, random-selection, post-accident, follow-up, and reasonable suspicion testing for those positions due to ongoing federal law requirements and safety considerations related to specific job positions,” the Civil Service Commission stated in a memo regarding the policy revision.
Spokesperson for the Michigan Association of Governmental Employees, Peter Neu, stated that the group supporting state workers approves of this rule change.
“We believe the changes align with the Michigan Civil Service Commission regulations and the laws passed by the citizens of Michigan,” Neu said. “We believe these changes will attract a broader range of prospective employees as Michigan currently faces a hiring and retention issue.”
While supporting the rule change, Commissioner Jeff Steffel, a former state police trooper, voiced some reservations. Steffel questioned why state employees’ work should be considered less important in terms of cannabis impairment than other positions such as police officers and nurses.
“Personal usage is not my concern. However, I am concerned about the performance of state government and would prefer to continue marijuana testing. We can always adapt if issues arise in the future,” added Steffel.
David Harns, a representative for the Michigan Cannabis Regulatory Agency, which oversees cannabis regulation and currently prohibits use by prospective employees, mentioned the agency’s readiness to adhere to the new rules.
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