Michigan ends weed testing for some state agencies

The Michigan Civil Service Commission last week passed a rule change that eliminates drug testing for marijuana on applicants for many state jobs. The new rule overturns previous state policy that automatically disqualified applicants for state jobs who tested positive for cannabis. However, some positions still require applicants to pass a marijuana screening prior to hiring.

The rule change effectively treats cannabis like alcohol for many government job applicants. Pre-employment drug testing will continue to be conducted to test for cocaine, opiates, amphetamines and phencyclidine, also known as PCP. The policy change, which goes into effect Oct. 1, also repeals a current rule that bans state job applicants who test positive for marijuana from applying for another state job for a period of three years .

The rule change was approved by the Civil Service Commission at its July 12 meeting. Commissioner Nick Ciaramitaro said the change was necessary to comply with Michigan’s marijuana legalization law, which was approved by a statewide ballot in 2018. Voters also legalized medical marijuana ten years earlier with the passage of a 2008 ballot proposal.

“Whether we agree with that or not is kind of out of the question,” Ciaramitaro said in a statement cited by MLive. “Using marijuana in the workplace is different than if you had used it months before the test… There’s no point in limiting our ability to hire qualified people because they took a gummy candy two weeks ago.”

According to the Public Service Commission, since recreational marijuana was legalized five years ago, nearly 350 applicants for government jobs have been disqualified from employment because of a positive cannabis test.

Michigan residents made the decision to “treat marijuana, recreational marijuana, similarly to alcohol,” commission chair Jase Bolger said.

“Not that anyone should drink too much alcohol on Friday night, nor am I suggesting that they should get high on Friday night,” Bolger added, “but it seems consistent to treat them the same when they show up for work on Monday morning.” “ with the current public order in the state.”

Some applicants still have to be tested for cannabis

However, not all government jobs will be affected by the rule change. Negative remain for those applying for the Michigan State Police or Department of Corrections or for healthcare positions, as well as for applicants for state positions that require driving vehicles, operating heavy machinery, or handling hazardous materials Drug testing required for cannabis.

Prior to the passage of the new rule, Bolger responded to public comments on the proposal, noting that state employees would not be permitted to use cannabis while on the job or be under the influence of marijuana. Marijuana testing is permitted when an employee is suspected of being under the influence of marijuana while on the job or as part of an investigation into an occupational accident.

“Due to the ongoing testing requirements under federal law and safety considerations associated with positions designated for testing, the proposed changes would maintain the status quo for pre-employment, random selection, post-accident, follow-up and reasonable suspicion testing for these positions,” the Civil Service Commission wrote in a memo outlining the policy change.

Peter Neu, a spokesman for the Michigan Association of Governmental Employees, told local media that the group, which advocates for government employees, is in favor of the rule change that eliminates marijuana screening for many government positions.

“We believe the changes adequately align the Michigan Civil Service Commission’s regulations with the laws passed by Michigan citizens,” Neu said. “The state of Michigan is currently experiencing a recruiting and retention issue, and we believe the changes will help recruit a greater number of potential employees.”

Though he voted to approve the rule change, Michigan Civil Service Commissioner Jeff Steffel, a former 28-year-old state police officer, said he “didn’t entirely agree.”

“Why is the work of our state employees less important than that of police officers, nurses, etc. in terms of marijuana impairments,” he said. “So I think it’s bad policy not to test for marijuana and not ban these people from employment.”

“I don’t care if anyone uses marijuana; “A lot of the social issues out there don’t interest me,” Steffel added. “Live and let live. I care about the state government’s performance and I want us to keep testing marijuana because if we see there’s a problem in three or four years, we can make changes.”

David Harns, a spokesman for the Michigan Cannabis Regulatory Agency, which regulates cannabis marijuana but currently bans its use by prospective employees, said the agency looks forward to complying with the new rules.