What the Legalization of Marijuana means for the workplace

Through a ballot proposal, Michigan voters elected to legalize marijuana for recreational use for those age 21 and over. The law, known as the Michigan Regulation and Taxation of Marijuana Act (MRTMA), will become effective ten days after the official certification of the vote. It is important for both employees and their supervisors to know what this means and does not mean in the workplace.

Marijuana use remains illegal under federal law and the University is subject to the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act, as well as Department of Transportation (DOT) regulations regarding Commercial Drivers’ License (CDL) drivers. Therefore, the MSU Drug and Alcohol Policy prohibits the unlawful manufacture, distribution, dispensation, possession, and use of controlled substances, illicit drugs, and alcohol on property governed by the Board of Trustees and at any site where university work is performed. In addition, some units on campus may use drug testing, including testing for marijuana, in the hiring process for certain applicants or during employment for certain employees.

The new law specifically permits an employer to discipline an employee for violating a workplace drug policy or for working while under the influence of marijuana.

For more information, please see the  FAQ sheet  posted online .

The MSU Support Staff Rules Governing Personal Conduct of Employees Policy addresses both misconduct related to the use or possession of alcohol, illegal drugs or controlled substances and the creation of unsafe working conditions. The policy prohibits consuming, distributing, possessing or being under the influence of illegal drugs (as determined by state or federal law).

Other relevant policies and ordinances are noted here:

• Drug and Alcohol Policy 
• University Policy on a Drug-Free Workplace
• University Policy on Alcohol & Controlled Substances
• Smoke and Tobacco-Free Policy
• University Ordinance on Smoking

If you are a supervisor and encounter someone that you believe may be under the influence of marijuana, you should document your observations (i.e. smell of marijuana on person, bloodshot eyes, lethargy, lack of coordination or lack of focus.) You may also offer the employee a drug test, administered by the University Physician’s Office, similar to offering a preliminary breath test to someone thought to be under the influence of alcohol. An employee in a non-safety sensitive position has the right to decline the test and MSU will determine whether a policy was violated based on other available information.

For questions, please contact the Office of Employee Relations at 353-5510 or hr.er@hr.msu.edu.