Unemployment Benefits Cannot Be Denied To Employees Fired For Using Medical Marijuana

The Court of Appeals ruled yesterday that employees fired for using medical marijuana cannot be denied unemployment compensation benefits.

This Court of Appeal’s case is actually a combination of three lower court cases, including Kemp v. Hayes Green Beach Hospital, which appeared in an earlier Blog article on this website.

In each of the three cases, an employee was fired after testing positive in a drug test for marijuana. Each employee had a medical marijuana card. In no case was it alleged that the employee was using the medical marijuana in any way not allowed by the Michigan Medical Marijuana Act.

The Michigan Medical Marijuana specifically provides immunity from, among other things, penalties of a civil nature.

The Court here ruled that the denial of unemployment benefits is a penalty from which the MMMA sought to provide immunity. Therefore, employees fired for using medical marijuana cannot be denied unemployment benefits in future cases.

Check out ArborYpsi Law’s Medical Marijuana Blog for developments in the law

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein

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