On Tuesday, County Circuit Judge William Collette overturned a state commission ruling that found that a medical marijuana user was ineligible to receive unemployment benefits after being fired for failing a drug test.
The case involves a former employee of Hayes Green Beach Memorial Hospital in Charlotte, Mi. Jenine Kemp used marijuana edibles to help manage symptoms associated with Lupus and neuropathy.
Kemp had disclosed her medical marijuana patient status to her employer early on in her employment, but was fired from her job at the hospital after a drug test came back positive for THC.
Kemp’s duties at the hospital included performing CT scans and starting IVs.
According to Collette’s ruling, the drug test “merely demonstrated what she had informed her employer of prior to the test – that she uses medical marijuana.”
Medical marijuana has been legal in Michigan since 2008. This ruling could be the precedent to help medical marijuana patients keep their jobs, or at least to allow them to receive benefits after losing their job.