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Labor and Economic Opportunity

Matter of First Impression: Marihuana Act and Sections 29(1)(b) and 29(1)(m)

The Unemployment Insurance Appeals Commission (Commission) is authorized to designate an unemployment issue as a matter of first impression and accept amicus briefs on the matter. The Commission has determined that it should consider the impact of the recently passed Michigan Regulation and Taxation of Marihuana Act (MRTMA) MCL 333.27951 et seq, on the application of certain disqualification provisions in the Michigan Employment Security Act (Act). The MRTMA legalized the use of marihuana by persons 21 years of age or older effective December 6, 2018.

Specifically, the Commission has defined the Matter of First Impression as follows:

             The impact of the MRTMA on the application of Sections 29(1)(b) and 29(1)(m) of the Act in unemployment insurance benefit determinations.

The following related cases have been designated by the Commission as involving this matter:

260172
260176
262736W

Party identifiers have been redacted for the privacy of the parties.

Amicus Briefs

The Commission invites the submission of amicus briefs. Amicus briefs must be received at the Commission by August 9, 2021. The Commission will serve any amicus briefs it receives on the parties and post them on this webpage.

Oral Argument

Oral argument is scheduled for August 25, 2021, via Zoom. The Commission will later announce whether it will be open to the public.

The below documents relate to the matter:

Notice of Designation of Your Case as a Matter of First Impression
Amended Order Allowing Oral and Written Argument on MRTMA First Impression Cases and Invitation for Submission of Amicus Briefs
Case Summaries: MRTMA First Impression Matter
ALJ Decision dated October 3, 2019 (corresponds with 260172)
ALJ Decision dated September 26, 2019 (corresponds with 260176)
     Order Allowing Withdrawal of Appeal in Docket 260176
ALJ Decision dated December 7, 2020 (corresponds with 262736W)
Unemployment Insurance Agency's Written Argument filed August 2, 2021 (corresponds to 260172)
Unemployment Insurance Agency's Written Argument filed August 2, 2021 (corresponds to 262736W)
     Notice of Errata as to Written Argument by Unemployment Insurance Agency in Docket No. 262736W
Claimant's Written Argument/Brief filed August 4, 2021 (corresponds to 262736W)
Order Accepting AG Dana Nessel's Amicus Curiae Brief
AG Dana Nessel Amicus Curiae in Support of Claimants
Order Cancelling Oral Argument on MRTMA First Impression Cases 260172 and 262736W