Since December 2018, The Michigan Regulation and Taxation of Marihuana Act (MRTMA) legalized recreational use and possession of marijuana for those over age 21 in Michigan. However, the MRTMA does not require an employer to permit or accommodate conduct otherwise allowed by the act, and does not prohibit an employer from disciplining, discharging, or taking an adverse employment action against a person for violation of a workplace drug policy or because that person was working under the influence of marijuana. The MRTMA allows people and legal entities to prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale or display of marijuana and marijuana accessories on property the person owns, occupies, or manages.
Employers are still able to regulate a wide range of employee behavior with respect to marijuana through the implementation of workplace drug policies. However, many employees terminated by these actions may still be eligible for unemployment benefits under some circumstances. Eligibility for unemployment benefits will be evaluated case-by-case and based on whether a separated individual is disqualified from benefits for misconduct, controlled substance use or for intoxication while still being in the workplace.
The Michigan Employment Security Act (MESA) disqualifies an individual from receiving benefits where the person was discharged for “illegally ingesting, injecting, inhaling, or possessing a controlled substance on the premises of the employer,” or for refusing or testing positive on a drug test administered in a nondiscriminatory manner. This only disqualifies a person for illegal use or possession of a controlled substance. Non work hour and off work site marijuana use consistent with MRTMA, or a positive drug test for marijuana or metabolic byproducts after legal use may allow a person to receive unemployment benefits.
The private, lawful use of marijuana, comparable to the private, lawful use of alcohol or tobacco, is not evidence of a “willful or wanton disregard of an employer’s interests” that warrants a denial of unemployment benefits.
Employers are encouraged to review their policies and work rules related to accidents, marijuana use, possession and intoxication in the workplace.
|