Your Cart

Michigan State Drug Testing Laws

Workplace Drug Testing Issues – Michigan State Laws

These categories do not affect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Michigan

Drug Testing Issue Status Comments
Instant or POCT Testing Permitted  
Drug Panels No restrictions  
Laboratory No restrictions The SAMHSA-certified laboratory is highly recommended.
Medical Review Officer Not required It is highly recommended to limit liability exposure.
Random Testing No restrictions  
Post-Accident No restrictions  
Reasonable Suspicion No restrictions  
Oral Fluids No restrictions  
Hair Testing No restrictions  
Unemployment Denial Yes Address in a written policy that a positive drug or alcohol test is willful and intentional misconduct.
Workers Comp Discount No  
Intoxication Defense Yes Address in a written policy that a positive drug or alcohol test is willful and intentional misconduct.
Medical Marijuana Yes The employer is not required to accommodate the ingestion of marijuana in any workplace or employee working while the influence of marijuana.
Recreational Marijuana Yes November 6, 2018 – Voters in Michigan chose to legalize recreational marijuana via Proposal 1, which passed with 57% approval. Proposal 1 allows adults ages 21 and older to purchase, possess, or use marijuana and marijuana edibles. Under Proposal 1, employers retain all rights about workplace drug testing and disciplinary procedures.
Report Driver DOT Positives No  
General Statute   No drug testing law in Michigan

Intoxication Defense – Denial of Workers Compensation Claim – States vary in their willingness to allow employers to use an injured worker’s intoxication against a compensation claim. State laws’ intoxication defenses generally fall into one of three rough categories: reasons that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury. Always check with your insurance company and your attorney when you have a refusal or positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

Same Day Shipping

Ship on the day of Order


30 Day Money Back Guarantee