Michigan Medical Marijuana Patients Who Fail Drug Test Can Collect Unemployment

The Michigan courts just decided that the Michigan Medical Marihuana Act superseded the Michigan Employment Security Act, which now protects medical marijuana patients who were terminated from failing a drug test from being denied their unemployment benefits. While Michigan employers can still have “drug free” policies, which usually includes the use of medicinal cannabis, they can legally terminate anyone including medical marijuana if they fail a test, but now they can’t deny them from collecting unemployment benefits.

They still can be fired for medical-marijuana use — even off the job, which we think is wrong. But now, at least they can’t be barred from unemployment benefits for that reason alone,” said Abel, who also is the executive director of Michigan NORML, the state’s chapter of a nationwide group that favors legalizing the drug.

A three-judge Appeals Court panel found that three state courts rightly reversed a decision by the Michigan Compensation Appellate Commission to deny three workers their compensation after they were fired by their employers for testing positive for marijuana. The decision said that a provision of Michigan’s medical marijuana act, passed by voters in 2008, prohibits penalties for those who use medical marijuana legally. source: http://www.freep.com/story/news/local/michigan/2014/10/24/medical-marijuana-michigan-unemployment-compensation/17866619/

States that have medical marijuana laws enacted will in the coming years will begin to head in the right direction and protect medical-marijuana patients.


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