Regardless of your personal views on Marijuana use, it is here to stay. For the construction industry, it is important to understand the implications.  To summarize the 2019 Michigan Regulation and Taxation of Marihuana Act, it is now legal in the State of Michigan (as opposed to under Federal Law) for an adult, 21 years of age or older, to possess up to 2.5 ounces of marijuana and to grow up to 12 marijuana plants. Any amount in excess of 2.5 ounces must be stored under lock and key. However, the Act very specifically: (1) does not authorize the operation, navigating or being in physical control of any motor vehicle while under the influence, (2) does not prevent an employer from refusing to hire or discharging or disciplining an employee because of that person’s violation of a work place drug policy or because that person was working while under the influence, (3) does not require an employer to accommodate conduct otherwise permitted by the Act, and (4) the Act does permit a person to prohibit or regulate the use of marijuana on property owned by that person. You should also know that for any activity regulated by the United States Department of Transportation, the Act will have no impact on DOT regulations, all of which control over state law. The DOT regulations take a very dim view on marijuana use.

You can therefore keep and enforce any existing company drug policy which otherwise complies with applicable law and you do not need to create special company rules for those who choose to partake. The greater challenge will be scrutinizing your company policies in conjunction with the changing culture of the workforce taking into consideration that construction workers are already hard to find.

For more information, you can visit the State of Michigan website on adult use of marijuana.

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