Notice to Employers and Claimants Concerning Medical Marijuana
Recently, the Michigan Supreme Court declined to hear cases challenging an earlier Michigan Court of Appeals ruling regarding the Unemployment Insurance Agency (UIA). As a result, the Court of Appeals decision is now final, and will not disqualify a person from receiving unemployment benefits if that person tests positive for marijuana while holding a valid registry identification card issued under the Michigan Medical Marijuana Act. As a result of this legal development, the Agency must take steps to comply with the Court of Appeals decision.
Now, and solely in the context of unemployment benefits, claimants will be disqualified from receiving unemployment benefits if the claimant’s: (1) positive drug test for marijuana was caused by the ingestion of marijuana at the workplace; (2) discharge is based on the fact that the claimant was under the influence of marijuana at the workplace; or (3) inability to demonstrate that he or she is a qualifying patient who has been issued and possesses a registry identification card under the Michigan Medical Marijuana Act.
Claimants Should Know: When the use of medical marijuana is asserted to avoid a disqualification, UIA staff will request a copy of your valid registry identification card.
Employers Should Know: The term “under the influence” is not defined in the Michigan Medical Marijuana Act. Accordingly, fact finding will seek material facts which demonstrate that an individual’s use of medical marijuana put the safety of persons or property at risk.
Consistent with any other issued (re)determinations, the Agency will continue to provide all parties protest and appeal rights of its (re)determinations where any party disagreeing with the Agency’s (re)determination may protest or appeal the decision as warranted.
For more information, please call:
Employers: Office of Employer Ombudsman at 1-855-4UIAOEO (1-855-484-2636)
Claimants: UIA Customer Service Hotline at 1-866-500-0017