| Posted on Wed, November, 25th 2015 by THCFinder
Using medical marijuana in the state of Michigan may cost you your job, but it won’t cost you yourunemployment benefits. So decided the Michigan Supreme Court earlier this month, when it failed to consider an appeal by Michigan’s Unemployment Insurance Agency.
The decision keeps in place a 2014 appellate court ruling determining that qualified medical patients cannot be denied unemployment benefits simply for failing a workplace drug test. As long as there is “no evidence to suggest that the positive drug tests were caused by anything other than claimants' use of medical marijuana in accordance with the terms of the MMMA (Michigan Medical Marijuana Act), the denial of the benefits constitute[s] an improper penalty,” the<lower court opined.
Over 60 percent of Michigan voters decided in favor of the Michigan Medical Marijuana Act in November 2008.
The ruling marks the second time that a state court has ordered that medical marijuana patients are eligible for compensation while off the job. Last year, the New Mexico Court of Appeals decided that a person’s use of medical cannabis constitutes “reasonable and necessary care” and that such care ought to be reimbursed by employers in instances where it is used to treat injuries sustained while working. Under newly proposed state rules, injured workers may be eligible to receive compensation for up to two pounds of medical cannabis over a one-year period.