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I recently relocated from Arizona and hold a medical

Customer Question
I recently relocated from...

I recently relocated from Arizona and hold a medical marijuana card. I have a drug test today in Michigan and will obviously fail. I have in depth medical records and prescriptions to show the validity of my usage. I thought with the card and records it would be considered a ‘prescription’ similar to AZ law, but talking with some people and doing a little research MI doesn’t have anything in place to protect an employee’s privacy. Will this automatically disqualify me from employment?

Lawyer's Assistant: Was the drug test discussed with a manager or HR? Or with a lawyer?

Neither - I wasn’t sure how to proceed - let HR know up front or talk to the Dr when I take the test.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will- salaried

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don’t believe so

Submitted: 1 month ago.Category: Employment Law
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Answered in 12 minutes by:
3/20/2018
Employment Lawyer: KLAW, Lawyer replied 1 month ago
KLAW
KLAW, Lawyer
Category: Employment Law
Satisfied Customers: 2,127
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Employment Lawyer: KLAW, Lawyer replied 1 month ago

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little background on the laws and privacy laws regarding medical records. An individuals must get a doctor's recommendation prior to getting a state-issued medical marijuana card. As with other medical records, this doctor visit and recommendation is private and protected under the federal Health Insurance Portability and Accountability Act (HIPPA). The HIPPA rule sets a national standard that strictly prohibits sharing of health information, unless it is needed for patient care and other important purposes. This means that your employer cannot access your medical records to learn that you have received a recommendation to use marijuana.

That said, Michigan has several rules in place protecting you as a patient in the workplace. Michigan’s Department of Community Health, which oversees the state's medical marijuana program, prohibits employers from discriminating against a person because they have a medical marijuana card, even from another state. However, that does preclude them from screening and performing a drug test.

Currently, in Michigan, it is legal for a business to fire an employee for using medical marijuana, even if the use occurs outside of business hours.

So yes, if you fail a drug screening, a private business can penalize you for being a medical marijuana patient. A section of the state's Medical Marihuana Act says that patients with medical marijuana cards are protected from penalties, including "disciplinary action by a business or occupational or professional licensing board or bureau.

Legally, you can refuse to take a drug test, but you can be fired for that refusal. The law has not caught up with the medical use and its application in the workplace.

I hope this helps.

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