Medical marijuna users can collect unemployment benefits :)

ProfessorPotSnob

New Member
I thought others here would like to read this . http://www.upnorthlive.com/news/story.aspx?id=869143#.UTl_rBzqmFU





LANSING (AP) -- A Michigan judge has ruled that medical marijuana users who follow the state's medical marijuana law may collect unemployment benefits.
Ingham County Circuit Judge William Collette's decision Tuesday overturned a state commission that found a state-approved medical marijuana user wasn't eligible for benefits after being fired following a drug test.
The case involves ex-Hayes Green Beach Memorial Hospital employee Jenine Kemp of Lansing, who was fired in 2011. Kemp, whose duties included performing CT scans and starting IVs, has Lupus and neuropathy. She would ingest marijuana in food.
Collette says the drug test "merely demonstrated what she had informed her employer of prior to the test - that she uses medical marijuana."
Michigan voters in 2008 approved the use of marijuana for medical reasons.
 

ProfessorPotSnob

New Member
I collected extended benefits and they paid my light Bill , any others ha-ha ? Glad they did not know I was in the same boat as the person in this story but my previous employee was ok with Medical Marijuana and never piss tested me .. When I was let go , they just said it was in the best of the companies interest and Michigan UIA didn't question that being that my employer was willing to pay for the separation :)


You can call me Marvin ..
Bla Bla Bla
If you hang up before I say Goodbye your money will not be issued ..
 

oldesthippy

Active Member
Wow that means that some things are going in the right direction imo. now they need to figure out the dispenaries so we can help others.
 

medical/420

Active Member
Looks like it is time for me to go get a job!!!! I use cannabis and if you dont like it give me unenployment!!! LOL hell yeah
 

Dr. Bob

Well-Known Member
This is an excellent decision for two reasons. First, it was fair to the worker. She apparently didn't violate the act and her employers were being 'difficult' and using the positive drug screen as an excuse to terminate her, thinking they would get off scott free for doing so. Second, this decision implies that there were be a price to pay for all these employers that are holding the card over their employees. They will have to pay an unemployment claim, as they should for terminating an employee for no other reason than they are a MMJ patient.

What will happen? Obviously this is a very limited decision (but one we may hear from again, especially if it goes to the CoA) and isn't binding. But it is a shot across the bow of every employer in Michigan. There is a potential cost for zero tolerance of medical marijuana, especially if the patient is using it in accordance with the act.

What should employers do? The obvious is that if a random drug screen is ordered at work, a positive test for thc should be viewed in context if the patient has a valid card. If that doesn't happen, perhaps legislating that any work related drug test only look for ACTIVE thc, indicating use at work, rather than carboxy, which could simply indicate self medication, possibly weeks earlier.

This result could mean nothing. Like some dispensaries, employers could wait until they are personally confronted with the situation, possibly up to and including their own day in court to settle the matter with their former employee. I would hope the smart ones will review their policy, acknowledge he reality that carboxy thc in your system does not equate with illegal drug use in Michigan. But I suspect if anything, this will just result in employers continuing on as they have after they run to their lawyers and spend good money trying to figure out how to cover their tails. They might switch or tweak their strategy, but the result will be the same, they will continue to randomly test, they will continue to inappropriately fire, and our labor pool will lose good workers because the law doesn't prevent them from being fired for their medical use of marijuana.

Dr. Bob
 

Medical420MI

Well-Known Member
I've been on unemployment for a month. This is good news. I had to take a hair test at my previous job and my card got my thru. It was a large company so I was surprised.

I hope this is the first instance of a trend to protect mmj patients on the job. How are they handling this issue in CA, WA or CO?
 
Top