Good News for Fired Marijuana Users in Michigan

Can an employee with a medical marijuana card who tests positive for marijuana consumption in a work-related drug test seek unemployment compensation if he/she is fired under his/her employer’s zero tolerance policy? Michigan’s state Court of Appeals says yes.

In an unprecedented decision, the Michigan Court of Appeals recently ruled that workers in the state who are legal medical marijuana patients should receive unemployment compensation if they were laid off from work for being marijuana users.

What makes the decision groundbreaking?

Getting fired for marijuana is the biggest fear for many legal users. Unfortunately, this is something that happens to medical marijuana patients too often. Think about it, how can it be legal to consume marijuana, yet get fired for failing a drug test on the job, even if you consumed that marijuana under proper prescription? It’s extremely unfair, and sadly, very common. That’s what makes the Michigan Court of Appeals decision so special: it gives legal medical marijuana users the chance to defend themselves from their employers’ zero tolerance policy that may run contrary to their personal medication.

Wishful thinking or the inevitable future?

Hopefully, with the decision of Michigan State’s Court of Appeals, other states where medical marijuana is legal will follow suit. With any luck, perhaps someday, medical marijuana will be treated just like any other prescription, and no one will get fired for failing drug tests because of them.