Medical Marijuana Could Create Headache For Businesses With Drug-Testing Polices

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Michigan's medical marijuana law could help patients suffering from migraines but cause headaches for businesses with drug-testing policies.

So says Kurt Sherwood, an attorney for Miller Canfield, a Detroit-based law firm who last week held a seminar to discuss such issues.

"It's hard enough to run a business," Sherwood told the Detroit Free Press. "I can see this creating a nightmare scenario."

More than 5,000 Michigan residents have registered as medical marijuana users since voters approved the ballot proposal last year, creating a dilemma for companies that regularly test employees for drugs: If employees are legally registered for medical marijuana in Michigan, can they still be fired for violating company policy?

Steven Karapandza of Sterling Heights told the Free Press he uses pot to treat migraines when he's off the clock and doesn't think it's any of his employers business.

"In my mind, it's like any other medication," the cell phone repairman said. "You wouldn't go up to your boss and tell him you've got a prescription for Vicodin."

But Michigan law is less clear, Miller Canfield's Kurt McCamman told the Free Press:

One section of the law says a registered user can't be "subject to arrest, prosecution or penalty in any manner or denied any right or privilege including ... disciplinary action by a business ... for the medical use of marijuana."

Another portion of the law says "nothing in this act shall be construed to require an employer to accommodate the ingestion of marijuana in any workplace or any employee working while under the influence of marijuana."

A third section says no one can possess or use medical marijuana on a school bus or on school grounds, but smoking pot is expressly prohibited only on public transportation or in any public place. It's unclear, McCamman said, whether it's OK for a certified user to eat, for example, marijuana-laced brownies in a public place.

As it stands, Sherwood says there is no easy answer for employers.

Miller Canfield is checking lawsuit filings daily to see if any medical marijuana users sue a former employer on grounds of wrongful termination. Such a case might establish precedent, but so far no suits have been filed.



News Hawk- Weedpipe 420 Magazine
Source: Michigan Live
Author: Jonathan Oosting
Contact: MLive.com
Copyright: 2009 Michigan Live LLC
Website:Medical marijuana could create headache for Michigan businesses with drug-testing policies