Feb 242019
 February 24, 2019  Posted by  Business, Court, Healthcare, U.S., Youth & Schools

So you say you have nothing to hide? And you’re not concerned that people know you use marijuana?

Sebastian Chilco, Dale L. Deitchler, and Nancy Delogu of Littler write:

In an unpublished opinion, a state appellate court held the Michigan Medical Marihuana Act (MMMA) did not provide a cause of action for an applicant whose conditional job offer from the City of Lansing was rescinded after he tested positive for marijuana during a mandatory pre-employment drug test.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). This is at least the second decision involving failed drug tests, medical marijuana, and the MMMA; both were decided in the employer’s favor.

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 . . . .

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