In three separate matters, which have been consolidated, the Unemployment Insurance Appeals Commission (Commission) is set to determine if a positive drug screen for the use of marijuana, not while on the job, should automatically disqualify an employee from receiving unemployment benefits.

Because the use of marijuana is legal in Michigan, the Commission’s ruling will determine that an employee’s legal conduct outside of their employment will not automatically disqualify that individual from jobless benefits. However, an employer still retains the ability to fire employees due to Michigan being an “at-will” state. At-will means that an individual’s employment is for an undefined period of time and can be terminated by the employer or employee at any time. Furthermore, the upcoming ruling will not determine if the use of marijuana will be considered “misconduct,” which would disqualify someone from receiving unemployment benefits or whether an employer can terminate or discipline an employee for marijuana use. While the anticipated ruling will likely be limited to the ability of a terminated employee to qualify for unemployment benefits, the additional effects could impact other disciplinary actions by an employer reacting to the results of an employee’s drug test.

It is important to note that the use of marijuana is still illegal under federal law and the state Commission cannot affect the determination the marijuana is a controlled substance at the federal level. Thus, any employer performing work on a federally-funded project will need to understand and coordinate the varying laws on illegality of marijuana use when making employment-related decisions.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

What to Watch: Upcoming Unemployment Insurance Appeals Commission Ruling Could Change Marijuana’s Effect On Unemployment Benefits

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