Employer rights when marijuana is legal in michigan
In the November midterms, Michigan voters approved a ballot initiative to legalize recreational usage of marijuana. Under the new law, adults over the age of 21 are allowed to use and possess up to 2. Many Michigan employees and employers are now wondering- does this change anything with respect to marijuana in the workplace in Michigan? The answer, generally, is no. Like alcohol, marijuana is now legal for recreational use, but that does not mean that Michigan employers have to allow employees to work under the influence or even bring the drug into the workplace. Employers can institute or continue to enforce zero-tolerance drug and alcohol policies and discipline employees who possess, distribute, or use marijuana at work, including firing employees for such activity.
We are searching data for your request:
Upon completion, a link will appear to access the found materials.
Content:
- Publications
- California's workplace protections for marijuana users
- Token rules: A quick look at Michigan's new marijuana law
- Legal Recreational Marijuana Raises Sticky Issues for Employer Drug Policies
- Using legal medical marijuana cost these people their jobs
- Distribution of Medical Marijuana
- Medical Marijuana and Zero Tolerance Drug Testing Policies Remain An Issue For Employers
Publications
On December 1, a little over a year after voters approved Prop 1 to end marijuana prohibition, legal marijuana businesses initiated sales to adults 21 and older in Michigan.
Regulators, however, received criticism for not ensuring an adequate supply of marijuana remains for medical patients. The Senate is expected to vote on the legislation soon. If approved, the proposals would go to Gov. Gretchen Whitmer, who has expressed strong support for clearing marijuana records in the past.
If you live in Michigan, take action by contacting your state senator and urging them to support expungement for marijuana convictions.
Previously in , Gov. The new agency released regulations to steer the implementation of the voter-approved law that legalized marijuana for adults 21 and older.
The rules include several forward-thinking provisions, including the creation of licenses for on-site cannabis consumption areas and temporary events, so long as they are permitted by the local town or city government. The guidelines also address how the agency will work to promote participation in the cannabis industry by communities that have been disproportionately harmed by marijuana prohibition. You can read a summary of the new rules here. As the state continues to expand its legal marijuana market, check back here and sign up for email alerts to stay informed about new developments.
In November , Proposal 1 prevailed with In the face of a last minute spending blitz by the opposition, the Yes on 1 campaign overcame a barrage of dishonest attack ads to secure victory by a point margin.
Marijuana Policy Project Deputy Director Matthew Schweich, who served as campaign director for the Yes on 1 campaign, expressed his thoughts on the significance of this win:. Michigan will be the first state in the Midwest to end marijuana prohibition and replace it with a system in which marijuana is regulated for adult use.
Adults will no longer be punished for consuming a substance less harmful than alcohol, and rather than having to resort to the illegal market, they will be able to access it safely and legally from licensed businesses.
In addition to the public health and safety benefits associated with regulating marijuana, the state will have a significant new stream of tax revenue. Michigan is going to demonstrate that regulating marijuana works, and it will set a strong example for other states in the region and around the country. For the full language of the Proposal 1 ballot initiative, visit www.
Our thanks goes out to the hard work of hundreds of volunteers, the support of thousands of generous contributors, and most importantly, the voters of Michigan!
Like other medical marijuana laws that passed prior to Pres. As the population of patients in Michigan grew, the business community serving them also grew. For a summary of many of the changes, click here.
Possession of up to 2. Medical marijuana is permitted. An individual may register as a medical marijuana patient if his or her doctor certifies that the individual suffers from one or more of the following conditions:.
Patients can obtain medical marijuana from their registered designated primary caregiver or grow their own. Policy State Policy Michigan. Marijuana is legal for adults and is taxed and regulated similarly to alcohol; state also has a medical marijuana law. Adult-use stores continue to open; expungement bill awaits Senate action Last update: January 13, On December 1, a little over a year after voters approved Prop 1 to end marijuana prohibition, legal marijuana businesses initiated sales to adults 21 and older in Michigan.
Michigan becomes the 10th state to legalize marijuana for adults! Current marijuana laws in Michigan Possession of up to 2. Timeline of marijuana policy reform in Michigan Voters approved a ballot initiative legalizing medical marijuana for patients suffering from serious health issues. You must enable Javascript to load this widget.
California's workplace protections for marijuana users
Welcome to Reuters Legal News beta. Please enjoy and provide us with your feedback as we continue to improve the Reuters Legal News experience. The company and law firm names shown above are generated automatically based on the text of the article. We are improving this feature as we continue to test and develop in beta. We welcome feedback, which you can provide using the feedback tab on the right of the page.
Token rules: A quick look at Michigan's new marijuana law
LEXIS In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act MMMA did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing , Mich. A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act. In that instance, the employees had a right to unemployment benefits that was denied based on their medical marijuana use. However, in the more recent case, the applicant did not have a right to, or property interest in, employment with the city.
Legal Recreational Marijuana Raises Sticky Issues for Employer Drug Policies
The recreational marijuana law approved by voters on Nov. And, because drug tests can only determine whether marijuana is in a person's system, not whether that person is high, weekend smokers aren't necessarily off the hook. Many of the Lansing-area's largest employers say they are sticking to their no-drug policies. The new state law allows adults 21 years of age or older to use and possess up to 2. But marijuana use remains illegal and fully criminalized under federal law.
Using legal medical marijuana cost these people their jobs
Business News Daily receives compensation from some of the companies listed on this page. Advertising Disclosure. Although cannabis remains a federally illegal substance, the number of states that permit its use is growing rapidly. Currently, 11 states plus Washington, D. These policy developments have created a new challenge for employers who maintain drug testing policies either as part of the employee onboarding process or a periodic condition of employment.
Distribution of Medical Marijuana
Eighteen states, two territories, and the District of Columbia have legalized small amounts of cannabis marijuana for adult recreational use. In late June, Connecticut became the latest state to legalize the recreational use of cannabis with the passage of SB Some aspects of the bill do not take effect immediately, but those 21 years old and higher will be able to recreationally use cannabis starting July 1, On April 7, , Virginia's legislature accepted the governor's recommended amendments for a significantly speedier implementation window for HB which would legalize recreational cannabis use in Virginia and establish a regulated commercial market. New York legalized cannabis with the governor's signature of AB , which was passed during New York's session.
Medical Marijuana and Zero Tolerance Drug Testing Policies Remain An Issue For Employers
Employers still generally retain their ability to hire and fire at will, but Michigan employees need not question whether their legal, off-duty conduct will leave them without unemployment benefits should an employer exercise that ability. Arguments to the contrary hinge on outmoded understandings of marijuana that the People of Michigan have rejected, once and for all. For more information visit, here. All Rights Reserved.
An employee who has a registration identification card issued under the Michigan Medical Marihuana Act MMMA may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals recently ruled in Braska v. Challenge Manufacturing Co. The Court found that denying unemployment benefits is a civil penalty against persons who use medical marijuana in accordance with the MMMA, which is prohibited by that Act. For employers, this ruling does not mean they cannot terminate an employee for testing positive for marijuana, even if he is a registered medical marijuana card holder.
As of now, you could lose your job for lawfully using the substance. Prior to the legalization of medical marijuana use, it was relatively simple for employers to enforce a zero tolerance policy in regard to all illegal substances, including pot. However, since the inception of medical marijuana, there appear to be conflicting rights. You may be able to lawfully use marijuana to treat a medical condition. Despite this harsh stance, you may be able to fight for an accommodation and keep your job if you use marijuana to treat a disability. If you are a medical marijuana user and have been let go because of a positive drug test, contact a Lansing medical marijuana attorney at DeBruin Law at Section 7 c of the Michigan Medical Marijuana Act states that nothing in the law should be understood to require an employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of the drug.
The first time Allison Enright, a Brevard County teacher, fell at work, doctors prescribed her opioids to deal with the pain. During the year that followed her fall, she saw her body start to deteriorate. A vote by the Brevard County School Board fired her after a short administrative leave. She had been teaching and working in schools for more than 30 years.
There are no comments yet.