×
Sunday, May 24, 2026

Ask the Lawyer: With marijuana legal, employers question drug testing workers - Oakland Press

Q: After a highly qualified candidate was disqualified for testing positive for THC on a pre-employment drug test, the human relations department of our business suggested we scrap the test completely. What’s the rationale behind taking such a drastic step?

A: The rationale for doing away with pre-employment screening tests — or at least testing for THC, the active ingredient in marijuana — is what you just experienced: These tests can deny employers the skills of well-qualified workers who have not done anything illegal.

Michigan is now one of 23 states in which the recreational use of marijuana is legal for people 21 and up. (Only two of our neighboring states, Illinois and Minnesota, have followed suit; Indiana and Ohio allow medical marijuana use only.) However, when Michigan voters gave the thumbs up in 2018 to a ballot proposal legalizing recreational marijuana use, the law they approved specifically allowed employers to continue to follow existing workplace drug policies, and to test and fire (or, as in your case, not hire) those testing positive for marijuana use.

But being allowed to have a strict workplace drug policy and actually having one are two different things. Many employers are re-evaluating their drug policies.

Firing a worker for testing positive for pot, without more, makes about as much sense as firing workers on Monday because they were out drinking with friends Saturday night. But while a worker who was partying at a bar over the weekend would not...



Read Full Story: https://news.google.com/rss/articles/CBMiemh0dHBzOi8vd3d3LnRoZW9ha2xhbmRwcmVz...