Michigan Court of Appeals Rules Employer’s Rescission of Conditional At-Will Employment Offer Did Not Violate the Michigan Medical Marihuana Act

On April 23, 2019, the Michigan Court of Appeals issued its published opinion in Eplee v City of Lansing, ruling that the Michigan Medical Marihuana Act (MMMA) did not provide the plaintiff a legal basis to sue the defendant based on the defendant’s decision to rescind its conditional offer of employment to plaintiff. The defendant board rescinded that offer after the plaintiff tested positive for THC during a drug screen that was conducted as part of the hiring process. The plaintiff alleged that the defendant was prohibited under the MMMA from rescinding the conditional offer of employment because of her status as a registered qualifying patient pursuant to the MMMA. The Court ruled that the MMMA does not “provide an independent right protecting the medical use of marijuana in all circumstances, nor does it create a protected class for users of medical marijuana.” Because the Court found that the MMMA does not provide plaintiff a legal basis to sue the new employer, it found that the dismissal of the lawsuit was proper.

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