Order a Drug Test in Michigan

Pre-Employment Drug Testing in Michigan

Michigan generally permits private pre-employment drug testing. The adult-use marihuana law expressly preserves an employer’s authority to refuse to hire a person who violates a workplace drug policy. Employers should provide advance notice, identify the substances tested, confirm nonnegative results, use Medical Review Officer review, and apply the policy consistently.

• Choose a THC-inclusive or no-THC panel intentionally.
• State when testing occurs and which substances are included.
• Use compliant collection, laboratory confirmation, and Medical Review Officer procedures.
• Apply uniform rules to similarly situated applicants.
• Keep test information confidential.

Employer Testing Programs

A Michigan policy should define covered positions, testing reasons, selection procedures, collection and chain of custody, substances and cutoffs, laboratory confirmation, Medical Review Officer review, confidentiality, medication disclosures, refusals, and consequences. It should distinguish pre-employment, random, reasonable-suspicion, post-accident, return-to-duty, and follow-up testing and explain who may authorize each type.

Select the panel and enter the donor information first. After the case is created, checkout searches available collection sites using the Michigan city, ZIP code, or area entered for the donor.

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Private Programs Are Largely Policy-Driven

Michigan does not generally require a private employer to submit its workplace drug-testing policy for state approval. The employer should state the business purpose, covered positions, testing reasons, substances, specimen type, selection procedures, and consequences in advance.

Written notice and consistent treatment help align applicant and employee decisions with the employer’s stated policy and reduce avoidable disputes.

Applicant Testing Is Generally Permitted

Michigan’s adult-use law expressly states that it does not prevent an employer from refusing to hire a person because the person violated a workplace drug policy. Employers should tell applicants that testing is required and whether THC is included.

Use the same testing point and decision criteria for similarly situated applicants and verify nonnegative results before acting.

Official source: Michigan Legislature — MCL 333.27954

Define Every Employee Testing Trigger

The policy should separately define random, reasonable-suspicion, post-accident, return-to-duty, follow-up, and other testing. Identify which employees are covered, how selections occur, and who is authorized to order a test.

For reasonable-suspicion and post-accident testing, document objective observations and incident facts. A marijuana-metabolite result alone does not establish the time of use or current impairment.

Random Selection Should Be Neutral

Michigan does not impose a general private-sector ban on random testing, but the policy should identify the covered pool and use an impartial selection method. Avoid supervisor choice masquerading as random selection.

DOT-covered programs must use their applicable federal selection rules. Collective-bargaining agreements, public employment, contracts, and industry rules may impose different requirements.

Confirm and Medically Review Results

Use laboratory confirmation before treating an initial screen as positive. Medical Review Officer review creates a structured process for evaluating legitimate medication explanations without unnecessarily disclosing medical details to the employer.

Maintain chain of custody, define refusal conduct, provide a process to question or verify results, and limit access to personnel with a business need to know.

Termination and Unemployment Benefits Are Separate

An employer may enforce its policy, but a medical-marijuana cardholder who is discharged after a positive test may still qualify for unemployment benefits. Michigan’s UIA states that, solely for benefit eligibility, disqualification generally turns on workplace ingestion, being under the influence at work, or failure to show valid qualifying-patient status.

This unemployment rule does not prevent a private employer from making a separate employment decision under its lawful policy.

Official source: Michigan UIA — Medical Marijuana notice

Adult-Use Law Expressly Preserves Drug Policies

MCL 333.27954 does not require an employer to permit or accommodate conduct authorized by the adult-use law in the workplace or on employer property.

The law does not prohibit discipline for violating a workplace drug policy or working under the influence, and it does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking employment action because of a policy violation or working under the influence.

Official source: Michigan Legislature — MCL 333.27954

Medical-Marijuana Law Does Not Control Private Employment

MCL 333.26427 does not require an employer to accommodate marijuana ingestion in any workplace or an employee working while under the influence.

In Casias v. Wal-Mart Stores, Inc., the Sixth Circuit held that the Michigan Medical Marihuana Act does not regulate private employment or create a general protection against a private employer’s disciplinary action.

Official sources: Michigan Legislature — MCL 333.26427 and Michigan Court of Appeals — Braska decision

Choosing THC or No-THC Panels

• State clearly whether the non-DOT panel includes THC.
• Apply the workplace policy consistently to similarly situated people.
• Separate a metabolite result from evidence of current impairment.
• No-THC panels are available when marijuana is intentionally excluded from a non-DOT program.
• DOT marijuana testing remains governed by federal requirements.

Federal Testing Is Separate

Michigan cannabis law does not alter federal DOT testing. DOT-regulated programs must test for marijuana under the federal panel and follow 49 CFR Part 40, regardless of adult-use legality, medical-cannabis status, or an employer’s non-DOT panel choices.

DOT Rules Are Separate from Non-DOT Testing

A personal or employer non-DOT drug test should not be substituted for a test that is required under DOT regulations. DOT programs have specific requirements for test reasons, forms, collection procedures, laboratories, Medical Review Officers, refusals, records, and return-to-duty processes.

Federal source: U.S. Department of Transportation — 49 CFR Part 40

Examples of DOT-Regulated Industries

• Commercial motor carriers regulated by FMCSA.
• Aviation employers regulated by FAA.
• Railroad employers regulated by FRA.
• Public transit employers regulated by FTA.
• Pipeline operators regulated by PHMSA.
• Other covered transportation operations under federal rules.