Employers Can Refuse to Hire and Terminate Medical Marijuana Users

KLAW Blog · July 15, 2019

When Proposal 1 passed in 2018 in Michigan for the adult recreational use of cannabis many employers wondered as to how that would impact their drug policies.

An employer can refuse to hire an applicant and terminate an employee who tests positive for marijuana.

Employers can still follow a drug-free policy. That does not change.

In Eplee v. City of Lansing (MiLW No. 07-100073, 12 pages), the Michigan Court of Appeals ruled against the plaintiff (Eplee), who failed a drug test but had a medical marijuana card.

The court ruled the employer didn’t violate the Michigan Medical Marihuana Act by revoking a conditional offer of employment.

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In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test. Eplee v. City of Lansing, 2019 Mich. App. LEXIS 277 (Feb. 19, 2019).

Plaintiff’s claims against defendants essentially revolve around the following statutory language contained in MCL 333.26424(a):

The state appellate court decision focused on the following MMMA provision:

A qualifying patient who has been issued and possesses a registry identification card is not 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, for the medical use of marihuana in accordance with this act . . . .

The court held the MMMA did not make medical marijuana users a protected class. It also did not “provide an independent right protecting the medical use of marijuana in all circumstances.”

This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor.

Read the Entire Court Opinion Here

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