The Michigan Court of Appeals has held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act (MMMA) when it rescinds a conditional offer of employment based upon a positive drug test. Angela Eplee was a qualifying patient under the MMMA with a valid registry card when she applied for a position with the Lansing Board of Water and Light (BWL). She was given a conditional offer of employment by the business, with which she disclosed her status, but when she tested positive for tetrahydrocannabinol (THC), she was later notified she could not be hired. She filed a two-count complaint for violation of the MMMA and breach of contract. The case provides employers guidance when potential employees raise their qualifying-patient status under the MMMA to object to drug testing policies and procedures.
