This week, a ruling made by a 3 judge panel overturned a previous Michigan Act which was passed in 2008. Part of the 2008 Michigan Medical Marihuana Act prevented employers within the state from enacting a zero-tolerance policy. This change in the legislation has now given employers the ability to refuse a job applicant or fire an employee who utilizes legal medical cannabis products.
The court decided that Angela Eplee did not have protection “…because the harm she suffered was the loss of an employment opportunity in which she held absolutely no right or property interest.” Angela filed a lawsuit with the claim that her offered position was taken away after it became clear that she was positive for cannabis, although it was from legal usage as medical cannabis patient.
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The decision made by the courts in Michigan does not reflect the usual in medical cannabis workplace cases. Connecticut, Massachusetts, and Rhode Island had similar cases where the courts barred the employer’s ability to filter out applicants or employees who need access to cannabis for medical purposes.
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