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Friday, October 31, 2014Fired for Positive Pot / Collect Unemployment in MI
In a breakthrough decision for those who say marijuana is
medicine and not a dangerous drug, the Michigan Court of Appeals ruled Friday
that workers who are state-approved users of medical marijuana should get
unemployment compensation if fired solely for testing positive for drugs.
"It's a very favorable decision for the civil rights of
employees in Michigan," said Matt Abel, a Detroit lawyer that focuses on
marijuana cases. But Rich Studley,
president of the Michigan Chamber of Commerce, said the ruling -- and the use
of medical marijuana in general -- present "a real dilemma" for
employers. "There's a serious
question of workplace safety when people may use medical marijuana before they
come to work" and then operate machinery or do other tasks that could
endanger others, Studley said. He said
he hoped the ruling would be appealed..
Attorney Matt Abel also said: Although users "may still can be fired
for medical-marijuana use — even off the job, which we think is wrong, at least
they can't be barred from unemployment benefits for that reason alone," Abel is
the executive director of Michigan NORML,
Friday's decision applies only to Michiganders who are
state-registered users of the drug. The decision affirmed lower court decisions
that the state's medical marijuana law preempted its unemployment law. 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.
Contact Bill Laitner: blaitner@freepress.com
