As the Smoke Clears

If you did not hear the news last week, you will be interested to know that the Michigan Court of Appeals issued a very important decision regarding the use of medical marijuana in the workplace.  In Eplee v. City of Lansing, the Court determined that Michigan’s voter-initiated medical marijuana law does NOT provide a sword to be used to challenge employers’ drug-free workplace policies.  This is very good news for employers and their ability to determine whether they can accommodate medical marijuana users in the workplace.  As a general rule, employers may maintain and enforce drug-free workplace policies and may refuse to hire, or may terminate, employees who fail a drug screen.

Caution: while this is an important and helpful decision, it does not fully resolve the question.  Specifically, it does not decide whether – under state or federal disability laws – the use of medical marijuana may be a “reasonable accommodation” that an employer should extend.  Employers should still exercise caution when faced with properly submitted requests for workplace accommodations.

If you have questions or concerns about how this impacts your business, we are always ready to provide the guidance you need. Give us a call at (248) 477-6300.