Editor's Note: This is, as the Detroit Free Press' article states, a "breakthrough decision" for medical marijuana patients, and hopefully more states will follow suit. Medical marijuana has posed a challenge for patients and HR departments at companies nationwide, especially those that require employee drug testing. With marijuana now approved for medical use in 23 states, plus D.C., the need to address employment issues surrounding the use of MMJ continues to escalate. While it's still unfortunate and unfair that employees using LEGAL medical marijuana can be fired for that use, it's at least forward progress that the Michigan Court of Appeals saw clearly enough to rule in favor of those fired employees' eligibility for unemployment.
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 and senior partner of Cannabis Counsel, a law firm 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.
