Michigan’s decision-makers are pondering substantial amendments to the local drug screening policy, specifically in relation to marijuana consumption.
These prospective amendments follow the acceptance of a public vote over four years ago, which sanctioned the recreational use of cannabis for individuals aged 21 and above.
In a document dispatched earlier this month to human resources administrators, the state Civil Service Commission has invited public opinions as it deliberates on several alterations to the Michigan policy.
The letter stated, “In recent times, we have witnessed a shift in the national laws governing controlled substances. Michigan citizens voted in favor of legalizing marijuana for medical purposes in 2008 and for recreational use by adults in 2018. With these developments in mind, the commissioners have sought public feedback on potential regulatory modifications to cease the pre-employment marijuana testing requirement for classified employees taking non-test-designated roles. Halting this pre-employment screening for marijuana will not impede the execution of reasonable-suspicion or subsequent testing for marijuana of classified employees, including applicants who become employees.”
The letter clarifies how during the late 90s, “union contracts included clauses that allowed for similar reasonable-suspicion, subsequent, random selection, and post-incident drug testing of solely represented employees. Federal law also mandates pre-employment and employee testing of some test-designated roles operating certain vehicles.”
The letter goes on to state, “The 1998 guidelines required the state personnel director to define prohibited levels of drugs in regulations. Those regulations—and union contracts—mandated testing following procedures outlined under federal law. Even though the regulations technically permit agencies to seek approval to test for any drug in schedule 1 or 2 of the state’s public health code, the default testing procedure employed by the state since 1998 has included five drug categories: marijuana, cocaine, opiates, amphetamines, and phencyclidine.”
The document further pointed out that, post the implementation of the new marijuana law in December of 2018, “around 350 applicants for classified roles have tested positive for marijuana in pre-employment screening.”
Under the existing Michigan guidelines, those applicants are barred from applying for another state job for three years.
“Despite the fact that many of these penalties have expired, a few hundred are still in effect. The commission could adopt rule language permitting amnesty through the abolition of ongoing penalties based on a pre-employment drug test for a non-test-designated role that tested positive for marijuana. This measure wouldn’t guarantee employment for these candidates but would allow them to apply for classified roles instead of waiting three years after being penalized,” the document stated.
As states have rescinded their long held bans on recreational marijuana use, legislators and regulators have updated drug screening policies to align them with the fresh cannabis laws.
Earlier this month, Washington Gov. Jay Inslee enacted a legislation that will guarantee protections for employees from being tested for cannabis.
The law specifies that it is “unlawful for an employer to discriminate against an individual during initial recruitment if the discrimination is due to: (a) The person’s off-duty and off-site cannabis usage; or (b) An employer-imposed drug screening test that detects the person with non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”
Professional sports associations have followed a similar trend. A recent labor agreement between the NBA and its players, finalized last month, will exclude cannabis from the list of prohibited substances. The new agreement will also allow players to endorse and invest in cannabis businesses.
NBA Commissioner Adam Silver signaled the reform as early as 2020.
“We concluded that, considering all the developments in society and the pressures and stresses that players are subjected to, we didn’t have to play the role of Big Brother at this time,” Silver said back then. “I think societal attitudes toward marijuana have shifted to some extent.”
