...
Summary of differences between federal and state regulations
Medical marijuana
A qualifying patient with a registry identification card shall not be subject to arrest, prosecution, or penalty, or denied any right or privilege, including civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for medical use of marijuana under the act. A person is not permitted to undertake any task while under the influence of marijuana when doing so would constitute negligence or professional malpractice. An employer is not required to accommodate the use of marijuana in the workplace, or any employee working under the influence of marijuana.
Court cases
Unemployment benefits: In October 2014, a Michigan appeals court ruled that an employee fired for using medical marijuana can qualify for unemployment benefits. The court found in Braska v. Challenge Manufacturing Company that denying unemployment benefits to a medical marijuana patient because of a positive drug test constituted an improper penalty under the state’s medical marijuana act.
Hiring: In Angela Eplee v. City of Lansing (February 19, 2019), a Michigan court ruled in an employer’s favor in a case involving an intern whose conditional job offer was rescinded after she tested positive for marijuana.
An applicant contended that the employer violated the Michigan Medical Marihuana Act by rescinding a conditional job offer after she tested positive for THC on a drug test that was part of the hiring process. She let the employer know that she was a registered, qualifying medical marijuana patient.
The state law says that a qualifying patient is not to be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including disciplinary action by a business or occupational licensing board or bureau, for medical marijuana use.
The applicant argued that this prohibited the employer from taking disciplinary action based on a person’s use of medical marijuana.
The court ruled, however, that this did not prohibit the employer from taking away the job offer. While a qualifying patient is granted immunity from arrest or penalty for the use of medical marijuana, the law does not create additional rights.
“The statute does not provide an independent right protecting the medical use of marijuana in all circumstances, nor does it create a protected class for users of marijuana,” the court stated.
In addition, the court ruled that under state law a conditional offer of employment could be rescinded at-will, for any reason or for no reason at all.
Recreational marijuana
Michigan law allows people over age 21 to possess, consume, and cultivate a limited amount of marijuana and includes a number of employer protections.
Employer protections
Michigan employers are not prohibited from refusing to hire a person who violates a workplace drug policy. They can also fire an employee who violates a workplace drug policy and do not need to accommodate the use of marijuana at work.
An employer may:
- Prohibit the use of marijuana at work or on the employer’s property,
- Discipline an employee for violation of a workplace drug policy,
- Discipline an employee for working under the influence of marijuana,
- Discharge or otherwise take an adverse employment action against a person for violating a workplace drug policy or because that person was working under the influence of marijuana.
Other prohibitions
A person may not smoke marijuana where it is prohibited by the property owner.
The law also prohibits:
- Operating a motor vehicle while under the influence of marijuana,
- Consuming marijuana in public, except in restricted, designated areas, and
- Possessing or consuming marijuana on school grounds.
Unemployment insurance protections
An individual who has been fired solely for using marijuana during personal time may qualify for unemployment benefits.
In August 2021, Attorney General Dana Nessel filed an amicus brief before the state’s Unemployment Insurance Appeals Commission arguing that a person fired only because of marijuana use outside the workplace is eligible for unemployment benefits.
To be eligible, an employee must not have:
- Been impaired by marijuana during working hours,
- Used marijuana while on the job, or
- Used marijuana on the employer’s premises.
State
Contact
Department of Licensing and Regulatory Affairs
Regulations
Michigan Medical Marihuana Act
Administrative Code, Department of Licensing and Regulatory Affairs, Director's Office, Michigan Medical Marihuana