Medical marijuana user alleges job offer was rescinded after failing drug test

Michigan Court of Appeals rules that an employer can rescind a job offer when a medical marijuana user fails a drug test.

Medical MarijuanaThe Detroit Free Press is reporting on a medical marijuana user who believes she lost a job offer after failing a drug test. She sued the employer arguing this was improper. The Michigan Court of Appeals found the employer was permitted to withdraw its offer of employment. This decision follows another case where a medical marijuana user was permitted to collect unemployment benefits.

We found this case fascinating because of its potential impact on our workers’ comp clients. The issue of marijuana in the workplace has been controversial since it was first approved for medical use in a 2008. Michigan voters approved its recreational use in 2018 and many questions remain.

We have seen employers take a strong position against marijuana in the workplace. Failing a drug test can result in immediate termination of employment. It does not matter if the employee was intoxicated while he or she was working.

Employees who are intoxicated when they are hurt on-the-job can be prohibited from collecting workers’ comp benefits. However, testing positive for marijuana is not an automatic bar. It should not be assumed that an employee was intoxicated simply because he or she failed a drug test.

Employers can also challenge payment of wage loss benefits if they have strictly enforced anti-drug policies. Marijuana use is considered misconduct and the reason light-duty work is not available. Future workers’ comp litigation will decide if this is a good defense.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 201-9497 for a free consultation today.

Related information:

Is medical marijuana covered under workers’ compensation in Michigan?

Photo courtesy of Creative Commons, by verchmarco.

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