Help! Legal Clarity Please

[Momma]

I have two adult children that live with me. One has is a med mj cardholder. The other is employed by the State. Can the one employed by the State be penalized ( fired )if the legal cardholding one is raided? We are all very paranoid at this point. Needless to say, we cannot afford to have the one kid lose their job because the other is growing MJ in the same residence. By the same token, the one that is growing is in need of the meds.

 

Is there a recommended legal professional on this site that can offer definitive legal advice on this situation? Thank you in advance for any advice you could provide to me. I currently have all out war in my house over this. One says they can be fired and the other says they can't and I just plain have no clue

[drtarzanmd]

 

Welcome " Momma " to MMMMA 2.0

 

I really don't see too big of a

problem as long as everything is done

w/in the Law and Everything is Lock in

Enclosed Room ....

 

and that the one one Son is NOT Sampling

his brothers Meds ...

 

Im sure the one Son is Tested for Drugs ...

[bobandtorey]

I have two adult children that live with me. One has is a med mj cardholder. The other is employed by the State. Can the one employed by the State be penalized ( fired )if the legal cardholding one is raided? We are all very paranoid at this point. Needless to say, we cannot afford to have the one kid lose their job because the other is growing MJ in the same residence. By the same token, the one that is growing is in need of the meds.

 

Is there a recommended legal professional on this site that can offer definitive legal advice on this situation? Thank you in advance for any advice you could provide to me. I currently have all out war in my house over this. One says they can be fired and the other says they can't and I just plain have no clue

i hear you But that is a very hard Question and no easy Answer i am not a Lawyer i think you will be OK But as you know we were Raided almost two years ago and are still in court

[Guest thequietone]

No he cannot be fired for living in the same house as a qualifying patient. MMMA sec. 333.26424, Section 4, paragraph I states.

 

(i) A person shall not be 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

[old-hobo]

I also think that would fall under close proximity (ie: in the same household) if i remember the wording in the law correctly.

[Momma]

Thank you all for your replies. I am very anxious about this as you might imagine, but at least now I have a bit more confidence.

[phaquetoo]

No he cannot be fired for living in the same house as a qualifying patient. MMMA sec. 333.26424, Section 4, paragraph I states.

 

(i) A person shall not be 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, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

 

 

well the law says he cant be fired, but that dont mean they wont fire him! I would think, he would get well compensated if they wrongfuly fired him, which would be the case if it happened, even your other son, if he has a job cant be fired for using mm, as long as he is within the laws, You can take powerful pain narcotics and still work,

 

did your son that worked for the state get fired when ever some one in the house was prescribed vicodin or the like if some one in the home needed to be on pain killers of any kind?

 

and as always YOU DONT PUT A SIGN ON THE HOUSE THAT READS I HAVE A GROW ROOM. and it shouldnt be an everyday subject for anyone, the only person who should be getting the pleasure of watching the awsome plant grow, is the one with the card that says they are a c.g or a patient that posses plants!

 

Peace

FTW

Jim

[Wayne'sWorld]

Is this a position providing contractual agreement via union negotiations? Your adult child should become familiar with his/her contract language and Civil Service rules. As a former State of Michigan civil servant, with 27 yrs service, I see no reason that this situation should have any relevance to state employment.

[Momma]

Is this a position providing contractual agreement via union negotiations? Your adult child should become familiar with his/her contract language and Civil Service rules. As a former State of Michigan civil servant, with 27 yrs service, I see no reason that this situation should have any relevance to state employment.

 

There is a Union contract in force, however as far as I have been able to ascertain and as a former UAW Union Rep myself the overall representation is wholly ineffective. Maybe that is because they are dealing with State funding etc but from all I have heard about what goes on in the work place and not hearing that a rep got involved simultaneously leaves me to believe they would not be of much benefit should a situation occur. Thank you for taking the time to answer my concerns. I am trying to protect both children even though they are not children anymore.