Why it matters: The article discusses a rule change in Michigan that eliminates cannabis testing for prospective government employees. It also allows individuals who were previously denied jobs due to positive THC drug tests to have those sanctions retroactively rescinded.
What they are saying: The Michigan Civil Service Commission approved the rule change in order to comply with the state’s adult-use cannabis statute. Commissioner Nick Ciaramitaro argues that it doesn’t make sense to limit hiring qualified individuals based on past cannabis use. Michigan residents have voted to legalize marijuana, treating it similar to alcohol. Michigan Attorney General Dana Nessel has also argued that employees fired for cannabis use outside the workplace are still eligible for unemployment benefits.
The big picture: The change in drug testing policies is a response to the increasing number of failed drug tests for THC. According to a Quest Diagnostics analysis, post-accident workplace drug testing hit an all-time high in 2022. Cannabis was the primary reason for positive test results, but other substances like amphetamines also contributed. Other states, such as New Jersey, have also issued guidance on cannabis rules in the workplace. The federal government has also made changes to its policy, allowing applicants who have consumed cannabis in the past to be hired.
What to watch: It will be important to monitor how this rule change affects the job application process for government positions in Michigan. The retroactive rescinding of sanctions for individuals with positive THC drug tests could have significant implications for those individuals’ employment opportunities.
My take: The rule change in Michigan is a step towards aligning drug testing policies with the legalization of marijuana. It recognizes that past cannabis use should not automatically disqualify individuals from government jobs. This change reflects the evolving attitudes towards cannabis and the recognition that marijuana use outside of work hours should not be considered misconduct. It also highlights the need for employers to reassess their drug testing policies in light of changing laws and societal norms.
