Since Voters Passed The Michigan Medical Marijuana Act In 2008

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Not sure where I found this, but seems interesting enough to post here.

 

Since voters passed the Michigan Medical Marijuana Act in 2008, this piece of legislation has spurred numerous debates. Concerns include licensing, distribution, sales, clinic operations and user regulations. The most recent debates focus on firing for pot use and prohibition of gun licenses for medical marijuana users. Here's a look at those debates.

 

Employees must choose between medical pot usage and their job.

 

Joseph Casias, a Walmart employee with an inoperable brain tumor was fired because he tested positive for THC. Licensed pot users violate zero-tolerance drug policies, employers say.

 

Section 8 of the Michigan Medical Marijuana Law prohibits job loss for pot use.

 

The law states, "If a patient or a patient's primary caregiver demonstrates that patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marijuana ... disciplinary action by a business or occupational or professional licensing board of bureau."

 

At-will employment laws supersede the MMMA.

 

A Michigan court said that although people could not be jailed for using medical pot, employers may legally fire an employee for using it. The judge defended Walmart's termination of Casius, citing Michigan's at-will employment law. At-will employment means employers can make any policies they deem necessary and employees have little recourse if their rights are violated.

 

Medical marijuana is not on the Equal Opportunity Employment protected list.

 

Exceptions to the at-will employment laws include age, religion, nationality, gender or disability status. Employees may not be discriminated on for these reasons. Currently, medical marijuana doesn't fall under those distinctions.

 

Disabled people may not be fired based on their disability.

 

Medical marijuana may not be protected under the at-will employment law, but disability is. The Americans with Disabilities Act offers some protections to disabled workers in their jobs. Medical marijuana users face a burden of proof that pot treatment is medically necessary and they cannot function without it. The ADA may, in some cases, qualify them to remain employed while using pot.

 

Medical marijuana users must choose between a pot license or a gun permit.

 

If an applicant for a gun license is also found to be licensed to use medical marijuana, he cannot possess a firearm. Drug users are prohibited from owning guns, even if they have a doctor's permission for it. Typically, background checks look at criminal behavior or history of mental illness. Several kinds of prescription drugs, like opoids and anti-depressants can cause applicants to be denied a gun permit, too. The law does not differentiate between prescription and recreational narcotic use.

 

These rulings affect a significant number of people.

 

Currently there are 194,184 original and renewal applications received since April 6, 2009.

118,926 patient registrations issued. Although a much smaller number of physicians have actually signed medical marijuana licenses, 2,215 physicians in Michigan agree that medical marijuana can help some conditions. The potential is there for many more cards to be signed in the future.