Michigan cannabis employment and drug testing law
No statutory protection. The adult-use law states employers may refuse to hire, discipline, or fire for violating a workplace drug policy or working under the influence. Status: No statutory protection — State law expressly lets employers refuse to hire or discipline over cannabis use.
Last updated
Key Takeaways
- Status: No statutory protection — State law expressly lets employers refuse to hire or discipline over cannabis use.
- Main source: MCL 333.27954(3).
- Federal testing rules (DOT and federal workplace programs) apply regardless of state law.
Is there any protection?
- Michigan’s adult-use statute does not create an employment protection. MCL 333.27954(3) says the act does not require an employer to permit or accommodate conduct allowed by the act in any workplace or on the employer’s property.
What employers may do
- The act does not prohibit an employer from disciplining an employee for violating a workplace drug policy or for working while under the influence of marihuana.
- It does not prevent an employer from refusing to hire, discharging, or taking other adverse action because a person violated a workplace drug policy or worked while under the influence.
Drug testing rules
- The section does not restrict drug testing; employer policy governs.
Federal law and testing
Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.
Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.
For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.
Common questions
Can you be fired for using cannabis in Michigan?
Generally, yes. Based on MCL 333.27954(3), Michigan law does not protect employees from adverse action over cannabis use, so an employer’s drug policy usually controls.
Can Michigan employers still drug test for THC?
Yes. MCL 333.27954(3) does not ban drug testing; it shapes what an employer may do with the results. Federally required tests, such as DOT-regulated jobs, are unaffected by state law.
Does Michigan law protect CDL drivers or federal workers?
No state law overrides federal testing rules. DOT-regulated employees remain subject to federal cannabis testing, and a state medical recommendation is not an accepted explanation for a positive result.
Sources
- government Michigan Compiled Laws § 333.27954, Michigan Regulation and Taxation of Marihuana Act — Scope (Michigan Legislature) ↗ accessed 2026-10-03
- government eCFR, 49 CFR § 40.151 — What are MROs prohibited from doing as part of the verification process? (U.S. DOT) ↗ accessed 2026-10-03
- government Federal Register, Mandatory Guidelines for Federal Workplace Drug Testing Programs: Authorized Testing Panels (March 13, 2026) ↗ accessed 2026-10-03