Jul 17, 2023 | Blog, News
Updated: Jul. 13, 2023, 4:35 p.m.
Some Michigan government job applicants will no longer be overlooked because of their marijuana use.
The Michigan Civil Service Commission voted unanimously Wednesday, July 12, to partially lift a longstanding ban on hiring state employees who fail pre-employment drug screens for marijuana.
A five-year high of 151 applicants who applied for state jobs failed for the presence of marijuana in 2022, according to data provided by the Office of the State Employer (OSE).
The number more than doubled from 2021 and the state recorded 351 pre-employment failures for marijuana since it was legalized for recreational use in 2018. Of 83 failed pre-employment drug tests this year, 81 were for marijuana.
Marijuana testing will remain in place for a large swath of government employees, including health workers, state police and Michigan Department of Corrections officers. But effective Oct. 1 eliminates the requirement for office staff and those applying for positions that don’t require driving, operation of heavy machinery or handling of hazardous materials.
The change also eliminates current rules that ban applicants who previously failed a drug test for marijuana from applying for another state job for three years.
Read the rest of the story here at MLIVE
Here is the Communications Document Info below
STATE PERSONNEL DIRECTOR OFFICIAL COMMUNICATION
SPDOC No. 23-06
TO: ALL APPOINTING AUTHORITIES, HUMAN RESOURCES OFFICERS,
AND RECOGNIZED EMPLOYEE ORGANIZATIONS
FROM: JOHN GNODTKE, STATE PERSONNEL DIRECTOR
DATE: MAY 12, 2023
SUBJECT: PROPOSED AMENDMENTS TO RULE 2-7, DRUG AND ALCOHOL
TESTING, AND REGULATIONS 2.07, DRUG AND ALCOHOL TESTING,
AND 2.10, DRUG TESTING COMPLAINTS BY NON-EMPLOYEES
In the 1980s, the commission adopted a testing policy outside its rules to provide
guidelines on drug and alcohol testing of classified employees. In 1998, the commission
amended its rules to specifically (1) require preemployment drug-testing of newly hired
classified employees, (2) allow reasonable-suspicion and follow-up testing of classified
employees, and (3) allow random-selection and post-accident testing of classified
employees in test-designated positions. The rules define these test-designated positions
as those (1) requiring a commercial driver’s license or operating certain vehicles,
equipment, and machinery, (2) with law enforcement powers or allowed to carry a firearm
on duty, (3) providing healthcare services, (4) working with prisoners, probationers, or
parolees, (5) with unsupervised access to controlled substances, or (6) handling
hazardous or explosive materials. Also in the late 1990s, collective bargaining
agreements added provisions allowing similar reasonable-suspicion, follow-up, randomselection, and post-accident drug-testing of exclusively represented employees. Federal
law also requires preemployment and employee testing of some test-designated positions
operating certain vehicles.
The 1998 rules directed the state personnel director to establish prohibited levels of drugs
in regulations. Those regulations—and collective bargaining agreements—called for
testing under procedures established under federal law. While the regulations technically
allow agencies to request approval to test for any drug in schedule 1 or 2 of the state’s
public health code, the default testing protocol used by the state since 1998 has tested
for five classes of drugs: marijuana, cocaine, opiates, amphetamines, and phencyclidine.
Recent years have seen changes across the country in state laws regulating controlled
substances. Michigan voters legalized marijuana’s medicinal use in 2008 and recreational
SPDOC No. 23-06
Page 2
use by adults in 2018. In light of these changes, commissioners have requested
circulation for public comment of potential regulation amendments to end the preemployment-testing requirement for marijuana for classified employees hired into nontest-designated positions. Ending this pre-employment testing for marijuana would not
affect the availability of reasonable-suspicion or follow-up testing for marijuana of
classified employees, including candidates who become employees.
Because of ongoing testing requirements under federal law and safety considerations
related to test-designated positions, the proposed amendments would preserve the status
quo for pre-employment, random-selection, post-accident, follow-up, and reasonablesuspicion testing for those positions.
The potential change to regulation 2.07, § 4.B.1.b for which public comment is sought is:
b. Drugs included. Rule 9‐1 defines drugs as those included in schedule 1 or 2 of
controlled substances at MCL 333.7201, et seq. Hundreds of drugs are covered
under schedules 1 and 2, but it is not feasible to test routinely for all of them.
When a drug test is required, an appointing authority shall require testing for
marijuana, cocaine, opiates, amphetamines, and phencyclidine, except that an
appointing authority shall not require testing for marijuana for a pre‐
employment drug test of a new hire to a position that is not test‐designated.
Before If an agency requires testing for other drugs, it must first obtain written
approval from the director. A request must include the agency’s proposed
initial test methods, testing levels, and performance test program. When
conducting reasonable‐suspicion or post‐accident testing, an agency may
require testing for any drug listed in schedule 1 or 2.
Staff has identified a related issue determined by rule that would require commission
action to modify. Since Proposal 1 took effect in December 2018, approximately 350
applicants for classified positions have tested positive for marijuana in preemployment
testing. Rule 2-7.4(b)(1) requires rescission of the conditional employment offer and a
three-year sanction from appointment to other state positions in such a situation. While
many of these sanctions have since lapsed, a few hundred remain in effect. The
commission could adopt rule language allowing amnesty through rescission of continuing
sanctions based on a preemployment drug test for a non-test designated position with a
positive result for marijuana. Such action would not result in employment for these
candidates but would allow them to apply for classified positions rather than waiting three
years after being sanctioned.
The potential new rule 2-7.4(c) for which public comment is requested is:
(c) Rescission of marijuana sanctions. A person with an active three‐year
sanction based on a positive result for marijuana from a pre‐employment drug
test for a non‐test‐designated position may request the sanction’s prospective
rescission as provided in the regulations.
SPDOC No. 23-06
Page 3
If such an amendment were adopted, updates could be made to rule references in
regulations 2.07 and 2.10 and the following new § 3.E could be added to regulation 2.10:
E. Marijuana sanctions. A person with an active three‐year sanction based on a
positive result for marijuana from a pre‐employment drug test for a non‐test‐
designated position under rule 2‐7.4(b)(1) can have the sanction prospectively
rescinded by email request to MCSC‐OCSC@mi.gov. The request should
identify the person’s full name and, if available, the date that the sanction was
imposed. Civil service staff shall provide written confirmation of the sanction’s
rescission.
Comments on the proposed amendments may be emailed to MCSC-OGC@mi.gov or
sent to Office of the General Counsel, Michigan Civil Service Commission, P.O. Box
30002, Lansing, Michigan, 48909. Comments must be received by June 23, 2023.
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DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Jul 13, 2023 | Blog, Criminal Defense
When it rains down in legal problems it’s probably going to pour. So you better have an umbrella fund off to the side somewhere safe…hidden…out of reach…stashed.
If you don’t have the funds, you won’t get good representation…and then you’re easy prey for the prosecutors and law enforcement.
As the marijuana industry continues to grow and evolve in Michigan, it’s crucial for marijuana cultivators to understand the importance of having legal defense funds readily available.
Despite the legalization of marijuana in the state, there are still potential legal challenges and risks that growers may face.
Having legal funds at the ready applies to everyone from
- state licensed entities
- caregivers and patients
- recreational growers and consumers
- hemp cultivators.
Understanding the legal landscape for marijuana cultivation in Michigan
An overview of marijuana laws in Michigan
In recent years, Michigan has seen significant changes in its marijuana laws. In 2008, the state passed the Michigan Medical Marihuana Act, which allowed the use of medical marijuana for qualifying patients. Then, in 2018, Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act, which legalized the recreational use of marijuana for adults.
Under these laws, individuals aged 21 and older can possess and cultivate marijuana in certain quantities. However, it’s important to understand the specific regulations and limitations that apply.
Recent developments and changes in marijuana legislation
The legislative landscape surrounding marijuana cultivation in Michigan is constantly evolving. It’s crucial for cultivators to stay informed about any new developments or changes in the law.
For example, in 2020, the Michigan Marijuana Regulatory Agency (MRA) issued emergency rules that introduced licensing requirements for commercial marijuana establishments, including cultivation facilities. These rules outline specific procedures and standards that growers must adhere to.
By keeping up with the latest legislation and regulations, marijuana cultivators can ensure they are operating within the bounds of the law and avoid potential legal complications.
Potential legal challenges faced by marijuana growers in Michigan
State and federal conflicts in marijuana regulations
One of the major challenges faced by marijuana growers in Michigan is the conflict between state and federal regulations. While marijuana cultivation may be legal under state law, it remains illegal at the federal level.
This discrepancy creates uncertainty and can expose growers to potential legal risks. Federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), can still enforce federal marijuana laws, although they typically focus on larger operations and violations that involve other criminal activities.
Nevertheless, it’s important for marijuana cultivators to understand the potential consequences and navigate this legal gray area cautiously.
Risks associated with non-compliance in cultivation practices
Even within the framework of state laws, there are numerous regulations and requirements that marijuana cultivators must adhere to. Failure to comply with these rules can result in legal consequences, including fines, license revocation, and even criminal charges.
Common compliance issues include exceeding plant limits, improper labeling, inadequate security measures, and failure to follow proper cultivation and testing procedures. It’s crucial for cultivators to stay informed and ensure they are operating in accordance with all applicable laws and regulations.
The Importance of having legal defense funds for marijuana cultivators
The financial burden of legal defense in marijuana cultivation cases
Legal challenges can be financially draining, and marijuana cultivators are no exception. Defending oneself in a legal case can involve expensive legal fees, court costs, and potential fines or penalties. These financial burdens can quickly accumulate and become overwhelming.
Having legal defense funds set aside can help alleviate the strain and ensure that cultivators can afford proper legal representation when needed. It’s a proactive measure that cultivators should consider to protect themselves from unexpected legal challenges.
The benefits of proactive legal preparation
In the ever-changing world of marijuana legislation, being prepared is key. By setting aside legal defense funds, cultivators can take a proactive approach to potential legal challenges. This preparation allows cultivators to act swiftly when needed, securing legal representation and taking necessary steps to protect their interests.
Having legal defense funds in place also provides peace of mind. It allows cultivators to focus on their operations without constantly worrying about potential legal troubles, knowing they have the resources to defend themselves if the need arises.
Navigating the complexities of marijuana laws in Michigan
Understanding licensing and permitting requirements
Obtaining the necessary licenses and permits is crucial for marijuana cultivators in Michigan. The state has established a comprehensive licensing system to regulate commercial marijuana operations.
Understanding the specific requirements, application processes, and deadlines associated with licenses is essential. It’s advisable to seek legal counsel to ensure compliance with all licensing and permitting obligations.
Comprehending zoning restrictions and land use regulations
Zoning restrictions and land use regulations add another layer of complexity to marijuana cultivation in Michigan. Local municipalities have the authority to regulate the location and operation of marijuana establishments within their jurisdictions.
Cultivators must familiarize themselves with the zoning laws in their area and ensure their operations comply with the specified land use regulations. Failure to do so can result in costly legal disputes or even forced closure of the cultivation facility.
By staying informed and working within the boundaries of zoning and land use regulations, cultivators can avoid unnecessary legal complications and focus on their business objectives.
Securing legal representation: the role of a defense attorney in marijuana cultivation cases
When it comes to growing legal marijuana in Michigan, having a reliable and experienced defense attorney like Komorn Law by your side is crucial. While the state allows for the cultivation of recreational and medical marijuana, there may still be legal challenges that require professional legal assistance.
Qualifications and expertise to look for in a defense attorney
Finding the right defense attorney is essential to protect your rights and navigate the complexities of marijuana cultivation cases. Look for attorneys who specialize in cannabis law and have experience dealing with similar cases. They should have a deep understanding of the ever-changing marijuana regulations in Michigan and be familiar with the specific nuances of the industry.
The importance of attorney-client privilege and confidentiality
When discussing legal matters, confidentiality is key. Attorney-client privilege ensures that any information shared between you and your defense attorney remains confidential. This protection is crucial for open and honest communication, allowing you to provide your attorney with all relevant details without fear of it being used against you.
Costs and considerations of legal defense for marijuana growers in Michigan
While nobody likes to think about legal trouble, it’s essential to consider the potential costs associated with legal defense in the marijuana industry.
Evaluating the potential costs of legal defense
Legal defense can be expensive, and the cost will vary depending on the complexity of your case.
Factors such as the nature of the charges, the amount of evidence involved, and the length of the legal process can all impact the overall cost.
It’s wise to consult with prospective defense attorneys to get an estimate of the potential costs involved in your specific situation.
Factors to consider when budgeting for legal representation
When budgeting for legal representation, it’s crucial to assess your financial situation realistically. Consider factors such as attorney fees, court expenses, and any additional costs that may arise during the legal process. It’s wise to set aside a substantial amount or create a legal defense fund to ensure you have the necessary resources when they are needed most.
These funds should be stashed away somewhere to avoid being “confiscated” by law enforcement.
Preemptive measures: building a legal defense fund for marijuana cultivation
Being proactive and planning ahead can save you from unnecessary stress and financial strain in the event of legal disputes related to marijuana cultivation.
Strategies for setting aside funds for legal defense
One effective strategy is to establish a dedicated legal defense fund specifically for covering potential legal expenses. This fund should be separate from your regular business finances and set aside on a regular basis. By consistently contributing to this fund, you can accumulate the necessary resources over time, providing you with a safety net if legal issues arise.
Developing a comprehensive legal defense plan
Having a well-thought-out legal defense plan is essential. This includes not only financial preparations but also understanding the legal framework and regulations surrounding marijuana cultivation in Michigan. Stay abreast of any changes in the law and consult with your defense attorney to ensure you are always prepared to defend your rights.
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Frequently Asked Questions
1. Is it necessary to have legal defense money if marijuana cultivation is legal in Michigan?
While marijuana cultivation may be legal in Michigan, there are still potential legal challenges and risks associated with the industry. Having legal defense funds readily available is crucial to navigate these complexities and protect your interests in case of any legal disputes or challenges that may arise.
2. How much should I budget for legal defense funds?
The amount to budget for legal defense funds may vary depending on various factors, such as the size of your operation, the level of risk involved, and the specific legal services you may require. It is recommended to consult with a legal professional to assess your unique situation and determine an appropriate budget for your legal defense funds.
3. Can I rely solely on compliance to avoid legal issues?
While compliance with marijuana laws and regulations is crucial, it is not a foolproof guarantee against legal issues. Laws and regulations can change, and misunderstandings or disputes may arise. Having legal defense funds in place ensures you are prepared to navigate any unforeseen legal challenges that may arise, even if you are operating in full compliance.
4. What steps can I take to minimize legal risks as a marijuana grower in Michigan?
To minimize legal risks as a marijuana grower in Michigan, it is important to stay informed about the latest laws, licensing requirements, and zoning regulations. Maintaining meticulous records and documentation, implementing robust compliance practices, and seeking legal counsel when needed are all proactive measures that can help mitigate legal risks associated with operating in the marijuana industry.
If you or someone you know has been accused of a crime or DUI.
Call Komorn Law and turn the odds in your favor.
Call Now 248-357-2550
Komorn Law Social Media
Recent Posts
Tag Cloud
Blog
Cannabis Science
Criminal Defense Attorney Michael Komorn
Driving
DUI
Federal Laws
Forfeiture
Health Benefits of Marijuana
Hemp
Know Your Rights
Komorn Law Blog
LARA-MMFLA Info
Legalization
Marijuana Criminal Defense Attorney Michael Komorn
Medical Marijuana
Medical Marijuana Attorney Michael Komorn
Michigan Laws
Michigan Medical Marhuana Regulation
Michigan Medical Marijuana Act
Michigan Medical Marijuana Criminal Defense Attorney Michael Komorn
Michigan News
Michigan Supreme Court
News
Planet Green Trees Radio
Recent Victories
Supreme Court
Uncategorized
USA news
Victories Project
Your Rights
DISCLAIMER
This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
