The legalization of recreational marijuana in Michigan has lawmakers and police busy adapting and making changes since the November election.
But businesses are a different story.
Local businesses have responded in a variety of ways to the passing of Proposal 1, which made the use of recreational marijuana legal in the state on Dec. 6.
The ballot initiative, which was approved by voters during the midterm election on Nov. 6, includes language which allows employers to continue to regulate marijuana use by employees.
It says, “This act does not require an employer to permit or accommodate conduct otherwise allowed by this act in any workplace or on the employer’s property. This act does not prohibit an employer from disciplining an employee for violation of a workplace drug policy or for working while under the influence of marijuana.”
To help employers determine the best course of action for their business, the West Coast Chamber of Commerce hosted a presentation in November titled, “Legalized Marijuana and the Impact on the Michigan Workplace.”
The presentation was given by attorney Don Lawless, a partner at Barnes & Thornburg.
Lawless strongly recommended employers decide whether to change their policy regarding the use of medical marijuana by employees, both on-site and off. Then he advised they make policy revisions based on their decision and communicate expectations with their employees.
“Even if you’re not going to change your policy, you should still update your wording to reflect your position on marijuana,” said Lawless. “If you don’t do that, you’re not engaging in effective employee communication. You’ve got to be clear with people.”
According to Kurt Wassink, a human resources consultant with Wassink Consulting, employers don't have an issue communicating changes — but some have yet to make a decision.
“Many businesses are currently taking a wait-and-see approach,” he said. “Because they don’t understand the full clarity of what being under the influence of marijuana means. They’re also concerned because, if you’re one of the few businesses that becomes drug-friendly, you might get a disproportionate percentage of individuals who use recreational or medicinal marijuana.”
There are also limiting factors for businesses regulated by federal entities. Trucking and moving companies, for example, fall under the wing of the Department of Transportation.
“The DOT is a federal government entity, so it doesn’t really matter what laws are passed statewide,” said Sarah Shaw, a marketing coordinator at Two Men and a Truck. “It only matters what’s happening federally.”
This can be particularly difficult for companies that want to appeal to a broader applicant pool.
“It’s something that, as somebody in business, we have to worry about in terms of hiring,” said Shaw. “Especially in Holland, it’s so difficult for people to find employees because we have such a low level of unemployment.”
Even employers without federal regulations feel they have limited options. There are technically three choices — employers can either allow employees to be under the influence of marijuana inside and outside the workplace, solely outside the workplace, or not at all.
However, because there are few credible testing methods available to prove sobriety at any given time, employers face a dilemma.
“The testing methods to determine whether a person is under the influence at work are not as robust as alcohol,” said Wassink. “The question is, at what level are you truly under the influence of marijuana? Alcohol has very clear threshold levels. With marijuana, that isn’t far enough along in its development.”
Many companies, like Suburban Inns, have no intention of updating their policy.
“It really hasn’t had any effect on us, and I don’t really anticipate that changing,” said Jessica Babcock, the company's vice president of human resources.
But Wassink, like Lawless, encourages employers to have a conversation with their employees, whether a policy change is coming or not.
“I think it’s helpful for employers to make sure their employees know whether they want to continue as a drug-free work environment or change their policy,” he said. “Employees don’t know. They might see this change and assume it applies to their employer. But there’s a federal law that allows businesses to retain that right.”
Executives at Two Men and a Truck, for example, had a conversation with employees to ensure they understood why the company won’t be changing its policy.
“We have six different locations in West Michigan,” said Shaw. “So we spoke to our crews and our office staff and informed them that, because we’re DOT regulated, it’s every single person who works in our company, not just our drivers. We had a frank discussion ... then we took their questions and made sure we were being as transparent as possible.”
— Follow this reporter on Twitter @BizHolland or Facebook @SentinelBondie.
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