Medical Pot Law Trumps Unemployment Law, Mich. Court Says

Law360, New York (October 24, 2014, 3:04 PM EDT) -- A Michigan appeals court ruled Friday that workers fired solely for failing a drug test because of their legal use of medical marijuana qualify for unemployment benefits, affirming lower court decisions that the state’s medical marijuana law preempted its unemployment law.

The three-judge panel found that three state courts rightly reversed a decision by the Michigan Compensation Appellate Commission to deny three workers compensation after they were fired from their employers for testing positive for some levels of marijuana, saying that a provision of the state’s medical marijuana law prohibits penalties “in any manner” for those who use medical marijuana legally....

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