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Old March 8th, 2013, 07:00 PM   #1
Steve-in-Petoskey
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Default Medical Marijuana Unemployment Benefits OK For Qualified Michigan Patients, Judge Say

http://www.huffingtonpost.com/2013/0...n_2832136.html

It's no fun getting fired, but at least Michigan medical marijuana patients canned for state-approved pot use can still look forward to unemployment benefits.

Ingham County Circuit Judge William Collette decided Tuesday that a state medical marijuana patient who got laid off for using the herb could qualify for jobless benefits, overruling a state commission, the Lansing Journal reports.

"The Judge made a well-reasoned decision," Matthew Abel, an attorney with the Cannabis Counsel law firm and the Executive Director of Michigan NORML (National Organization for the Reform of Marijuana Laws), told The Huffington Post in an email. "Even if the state appeals, it is likely to stand."

The Michigan Medical Marihuana Act of 2008 makes it legal for patients suffering from a number of ailments like cancer to use the substance as a medication, but they need to have legitimate certification from a doctor. In August of 2012, the Michigan Compensation Appellate Commission ruled that the MMMA "does not offer any employment protection to card holders" and "does not regulate private employment," according to court documents provided by the Lansing State Journal.

The trial revolved around the 2011 firing of Jenine Kemp, who had worked as a CT scan technician and handled IVs at Hayes Green Beach Memorial Hospital in Charlotte, Mich. Kemp, who suffers from neuropathy and lupus and is a valid state medical marijuana patient, was let go after a patient complained she had spoken about using marijuana. After the the complaint, Kemp notified her employer she was a marijuana patient, but subsequently failed a drug test and was fired.

“Disqualification from unemployment benefits for use of medical marijuana in conformity with the MMMA would amount to an impermissible penalty... [and be] contrary to law,” Collette wrote in his court opinion.

He added that the state unemployment agency's guidelines say applicants should not be rejected for jobless benefits unless they're "in possession of marijuana while at work, under the influence of marijuana while at work or using marijuana while at work" and that Kemp did "not fall within any of these categories.”

However, employers are allowed to fire medical marijuana users under state law. In a September case, Michigan appeals court upheld a judge's decision that Walmart employee Joseph Casias, a medical marijuana patient who suffers from an inoperable tumor and cancer, was not wrongfully fired when he was let go because of his pot use.

In another recent ruling, Michigan's Supreme Court decided that medical marijuana dispensaries aren't allowed under the MMMA, but the state House is currently considering legislation that would permit the establishment and regulation of dispensaries.

Eighteen states and the District of Columbia currently allow the medicinal use of marijuana, according to the Associated Press.
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Old March 8th, 2013, 10:38 PM   #2
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Another step forward. Soon legalization. Hope that pisses alot of you off.
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Old March 8th, 2013, 10:41 PM   #3
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Another step forward. Soon legalization. Hope that pisses alot of you off.
lol
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Old March 9th, 2013, 12:09 PM   #4
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The Michigan Medical Marihuana Act of 2008 makes it legal for patients suffering from a number of ailments like cancer to use the substance as a medication, but they need to have legitimate certification from a doctor.


What a bunch of overly abused garbage. IF the laws governing usage were used as they were presented on the ballot (for cancer, MS and other patients with real problems that medicine doesn't help) I would have less problem with it. But when you can go to the Dr. for any common ailment (sore knees from years of abuse) I say garbage.
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Old March 9th, 2013, 12:14 PM   #5
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You can buy a bottle of whiskey, drink the whole thing and die, legally.
I can smoke weed for 12 hours straight and get the munchies, yet go to jail if caught.

It makes about as much sense as a tax on breathing. Fuck that. Legalize it.
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Old March 9th, 2013, 01:22 PM   #6
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Quote:
Originally Posted by Steve-in-Petoskey View Post
http://www.huffingtonpost.com/2013/0...n_2832136.html

It's no fun getting fired, but at least Michigan medical marijuana patients canned for state-approved pot use can still look forward to unemployment benefits.

Ingham County Circuit Judge William Collette decided Tuesday that a state medical marijuana patient who got laid off for using the herb could qualify for jobless benefits, overruling a state commission, the Lansing Journal reports.

"The Judge made a well-reasoned decision," Matthew Abel, an attorney with the Cannabis Counsel law firm and the Executive Director of Michigan NORML (National Organization for the Reform of Marijuana Laws), told The Huffington Post in an email. "Even if the state appeals, it is likely to stand."

The Michigan Medical Marihuana Act of 2008 makes it legal for patients suffering from a number of ailments like cancer to use the substance as a medication, but they need to have legitimate certification from a doctor. In August of 2012, the Michigan Compensation Appellate Commission ruled that the MMMA "does not offer any employment protection to card holders" and "does not regulate private employment," according to court documents provided by the Lansing State Journal.

The trial revolved around the 2011 firing of Jenine Kemp, who had worked as a CT scan technician and handled IVs at Hayes Green Beach Memorial Hospital in Charlotte, Mich. Kemp, who suffers from neuropathy and lupus and is a valid state medical marijuana patient, was let go after a patient complained she had spoken about using marijuana. After the the complaint, Kemp notified her employer she was a marijuana patient, but subsequently failed a drug test and was fired.

“Disqualification from unemployment benefits for use of medical marijuana in conformity with the MMMA would amount to an impermissible penalty... [and be] contrary to law,” Collette wrote in his court opinion.

He added that the state unemployment agency's guidelines say applicants should not be rejected for jobless benefits unless they're "in possession of marijuana while at work, under the influence of marijuana while at work or using marijuana while at work" and that Kemp did "not fall within any of these categories.”

However, employers are allowed to fire medical marijuana users under state law. In a September case, Michigan appeals court upheld a judge's decision that Walmart employee Joseph Casias, a medical marijuana patient who suffers from an inoperable tumor and cancer, was not wrongfully fired when he was let go because of his pot use.

In another recent ruling, Michigan's Supreme Court decided that medical marijuana dispensaries aren't allowed under the MMMA, but the state House is currently considering legislation that would permit the establishment and regulation of dispensaries.

Eighteen states and the District of Columbia currently allow the medicinal use of marijuana, according to the Associated Press.
The best part of this is when she gets off unemployment she should qualify for SS disability as she will not be able to get a job due to her illness and need to smoke some pot. Just wait and see how many more SS disability cases there will be.
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Old March 9th, 2013, 06:26 PM   #7
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I give it 5 years and it will be legal in most states anyways. I don't care one way or another if somebody smokes pot. Pot makes you lazy and hungry. For the most part potheads hurt nobody but themselves. They should legalize, regulate and tax the shit out of it. People that smoke weed are going to smoke whether it is legal or not so why not put some extra cash into the economy? On top of that we won't have to pay for a harmless stoner to sit in jail. If you are not an authorized distributor and you are selling it you should still go to jail. Just my .02
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Old March 9th, 2013, 06:30 PM   #8
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I am not a pot person but I say legalize and tax it. It shouldn't be allowed to get you any special treatment if you use it and you are not allowed by your job.
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Old March 10th, 2013, 06:53 AM   #9
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The problem I have with people failing drug tests for work is the testing method itself. I understand that people shouldn't work under the influence. The way it works now is that I could smoke a joint on Saturday night, get randomly tested at work 2 weeks later and still fail the test. I could get high on crack Saturday night and pass a drug test on Monday.
In this day and age nobody can come up with a testing method that actually tells you when you're high? Like a breathalyzer?
I say come up with an ACCURATE test method and legalize the plant already.
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