Job Security not Protected by the MMMP
Job Security not Protected by the MMMP
Job Security not Protected by the MMMP
Is Your Job at Risk?
Did you know that even though you may be a registered card-holder in Michigan who is legally permitted to consume medical marihuana to ease the suffering from a qualifying illness, your employer can legally terminate your contract because you choose to imbibe the substance? It's true.
The seminal case that exposed this gaping hole was the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill. In short, Casias was a Walmart employee and a certified card-carrying medical marihuana patient who consumed the substance to relieve an inoperable brain tumor. In 2009 Casias was injured on-the-job and quickly terminated after a drug test showed he tested positive for marihuana. Casias sued for wrongful discharge, but the U.S. District Court Western District of Michigan ruled against Casias, citing "The Michigan Medical Marihuana Act does not regulate employment."
What this Means
According to a catch-22 inMichigan's Medical Marihuana Act (MMMA), "There is no language in the Act that protects anyone from being terminated from their job for the medical use of marihuana" (p. 44). In other words, there are no concrete rules or regulations in the MMMA that govern the relationship between employees and companies.
The MMMP's vague wording allows for ambiguities in the law between companies and employees. As shown in the court's ruling in the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill, this unclear wording seems to blatantly contradict certain parts of theMMMA's summary:
"AN INITIATION of Legislation to allow under state law the medical use of marihuana;to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act."
It's clear that the MMMA is designed to "provide protections for the medical use of marihuana" in Michigan. However the law does not explicitly guarantee you this liberty. If you believe your rights as stated in the MMMA have been infringed upon by your employer, contact Nessel Defense Law today for an in-depth consultation.
For more than 17 years,Nessel Defense Law has been Detroit, Michigan's premier practice for every area of the law. Dana Nessel's expertise includes all misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides/manslaughter, internet crimes, larcenies/home invasions/breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce/annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders/personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death.Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
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