On February 19, 2019, the Michigan Courtroom of Appeals thought of whether or not a job applicant rejected for a place on account of a optimistic check end result for marijuana may sue below the state’s Medical Marihuana Act (MMA). At challenge was the next from the MMA:
“A qualifying affected person who has been issued and possesses a registry identification card just isn’t topic to arrest, prosecution, or penalty in any method, or denied any proper or privilege, together with, however not restricted to, civil penalty or disciplinary motion by a enterprise or occupational or skilled licensing board or bureau, for the medical use of marihuana in accordance with this act . . . .”
In an unpublished choice, the courtroom affirmed dismissal of the grievance discovering that the MMA “doesn’t present an unbiased proper defending the medical use of marijuana in all circumstances, nor does it create a protected class for customers of medical marijuana.” (The courtroom transformed the choice to a broadcast choice on April 23, 2019.) As well as, the courtroom famous that as a result of the Metropolis “would have been capable of terminate plaintiff’s employment at any time after her employment started for any or no purpose, it logically follows that the [City] may rescind its conditional supply of employment at any time and for any or no purpose in any respect.” In different phrases, the plaintiff had no “proper” to a job with the Metropolis and, thus, had no foundation to convey swimsuit below the MMA. In fact, this leaves open the query of whether or not the case would have turned out in another way had the plaintiff been supplied one thing aside from an at-will place. Importantly, nothing within the choice means that its evaluation is proscribed to public entities and, thus, non-public employers might profit from its reasoning as properly.
The medical cannabis legal guidelines in the US range significantly. Some states, like Connecticut, Maine and Massachusetts, have dominated that an worker testing optimistic for cannabis can convey swimsuit in opposition to an employer for implementing their drug-free office insurance policies. Further states present employment protections to medical cannabis customers, together with Arizona, New York, and others. Thus, it’s tough for employers to have a “one-size-fits-all” coverage concerning cannabis use. Employers are inspired to work with skilled employment counsel earlier than taking motion in opposition to a medical cannabis person and proceed to watch developments on this evolving space of regulation.