The Michigan Medical Marijuana Act (MMMA) grants qualified medical marijuana users who are using marijuana in accordance with the MMMA immunity from “arrest, prosecution, or penalty in any manner.” This includes Unemployment benefits, but some clarification needed to be done. The Michigan Unemployment Insurance Agency has issued guidelines for this scenario:
1. A positive drug test for marijuana was caused by the ingestion of marijuana at the workplace;
2. Discharge is based on the fact that the employee was under the influence of marijuana at the workplace; or
3. The employee is unable to demonstrate that he or she is a qualifying patient who has been issued and possesses a registry identification card under the MMMA.
If a person applying for benefits has stated they have a medical card, the agency will request a copy of the card for validity.