MedicalNeed
New Member
Recent Michigan medical marijuana legislation has brought up many questions about implementation in a variety of areas, from zoning laws to patient confidentiality, but one issue that might prove to be especially sticky is how employers and employees will respond to the legislation.
The Michigan Department of Community Health has a "Frequently Asked Question" page (MDCH - Frequently Asked Questions) dealing with medical marijuana, and it contains some information about medical marijuana at work.
Question: Can I use medical marijuana at work?
Answer: This is up to the employer. Even if you are a registered patient, your employer may still prohibit medical marijuana use in the workplace.
Question: What should I tell my employer if I am subjected to a drug test?
Answer: The MMMA states that employers are not required to accommodate employees who use medical marijuana. You may wish to consult an attorney about whether to tell your employer that you are a patient in the MMMP. A patient may contact the MMMP in writing to ask the program to release information about the patient's registration to an employer.
Still, Anthony Freed, executive director of Ypsilanti-based Michigan Marijuana Chamber of Commerce, says the law is "ambiguous," and says the ambiguity is especially bad in regard to employment issues.
"There's no real way to sort it out," Freed said. "If you read the whole body of the law, it says employers do not need to accommodate (ingestion of marijuana)."
That portion of the medical marijuana act says: "Nothing in this act shall be construed to require... an employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana."
Freed points out, however, that another section says "you cannot be denied rights or have prejudice harbored against you. If firing someone with a (medical marijuana registration) card is not prejudiced, I don't know what would be."
It seems likely that employers and employees will be grappling with the implication of the act for years to come.
To read the entire text of the act, visit Michigan Legislature - Section 333.26427.
To read the state's FAQ list on medical marijuana, visit MDCH - Frequently Asked Questions.
NewsHawk: MedicalNeed:420 MAGAZINE
Source
ressandguide.com
Author: Sarah Rigg
Copyright: 2010 Press and Guide, a Journal Register Property.
The Michigan Department of Community Health has a "Frequently Asked Question" page (MDCH - Frequently Asked Questions) dealing with medical marijuana, and it contains some information about medical marijuana at work.
Question: Can I use medical marijuana at work?
Answer: This is up to the employer. Even if you are a registered patient, your employer may still prohibit medical marijuana use in the workplace.
Question: What should I tell my employer if I am subjected to a drug test?
Answer: The MMMA states that employers are not required to accommodate employees who use medical marijuana. You may wish to consult an attorney about whether to tell your employer that you are a patient in the MMMP. A patient may contact the MMMP in writing to ask the program to release information about the patient's registration to an employer.
Still, Anthony Freed, executive director of Ypsilanti-based Michigan Marijuana Chamber of Commerce, says the law is "ambiguous," and says the ambiguity is especially bad in regard to employment issues.
"There's no real way to sort it out," Freed said. "If you read the whole body of the law, it says employers do not need to accommodate (ingestion of marijuana)."
That portion of the medical marijuana act says: "Nothing in this act shall be construed to require... an employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana."
Freed points out, however, that another section says "you cannot be denied rights or have prejudice harbored against you. If firing someone with a (medical marijuana registration) card is not prejudiced, I don't know what would be."
It seems likely that employers and employees will be grappling with the implication of the act for years to come.
To read the entire text of the act, visit Michigan Legislature - Section 333.26427.
To read the state's FAQ list on medical marijuana, visit MDCH - Frequently Asked Questions.
NewsHawk: MedicalNeed:420 MAGAZINE
Source
ressandguide.comAuthor: Sarah Rigg
Copyright: 2010 Press and Guide, a Journal Register Property.
