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Michigan drug testing laws for employers
Michigan has no general law that sets testing rules for private employers. Adult-use and medical marijuana are legal, but state law lets you keep a workplace drug policy and act on violations of it. A worker fired for a positive drug test given in a nondiscriminatory way generally cannot get unemployment.
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The state law
- We found no general Michigan law that sets procedures for private employers that drug test (no statute found).
- We found no Michigan workers' comp premium discount for a drug-free workplace program (no statute found).
Testing applicants
- We found no Michigan state law that limits drug testing of job applicants by private employers (no statute found).
- The adult-use law lets you refuse to hire someone who violates your workplace drug policy (MCL 333.27954(3)).
Random testing
- We found no Michigan law that limits random testing by private employers (no statute found).
Marijuana (recreational)
- You do not have to allow or accommodate adult-use marijuana in the workplace or on your property (MCL 333.27954(3)).
- You may discipline, fire, or refuse to hire someone for violating your workplace drug policy or for working while under the influence of marijuana (MCL 333.27954(3)).
- The medical marijuana law does not require you to accommodate marijuana use in the workplace or an employee working while under the influence (MCL 333.26427(c)(2)).
- We found no Michigan state law that protects off-duty marijuana use by employees from employer drug policies (no statute found).
Also good to know
- A worker fired for testing positive on, or refusing, a drug test given in a nondiscriminatory way is disqualified from unemployment benefits (MCL 421.29(1)(m)).
- If the worker disputes the result, a generally accepted confirmatory test must be run on the same sample before the disqualification applies (MCL 421.29(1)(m)).
- For that rule, nondiscriminatory means given impartially and objectively under a union contract, rule, policy, or written or verbal notice (MCL 421.29(1)(m)(iii)).
Common questions
Is drug testing legal for employers in Michigan?
Michigan has no general law that sets testing rules for private employers. Adult-use and medical marijuana are legal, but state law lets you keep a workplace drug policy and act on violations of it. A worker fired for a positive drug test given in a nondiscriminatory way generally cannot get unemployment.
Can employers in Michigan test applicants before hiring?
We found no Michigan state law that limits drug testing of job applicants by private employers (no statute found).
Is random drug testing allowed in Michigan?
We found no Michigan law that limits random testing by private employers (no statute found).
Can a Michigan employer act on a positive marijuana test?
You do not have to allow or accommodate adult-use marijuana in the workplace or on your property (MCL 333.27954(3)).
Some rules for Michigan weren't confirmed from an official source. Check with the state before relying on this page.
Sources
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.