Job Security Not Protected by the MMMP
Did you know that even though you may be a registered card-holder in Michigan who is legally permitted to consume medical marihuana to ease the suffering from a qualifying illness, your employer can legally terminate your contract because you choose to imbibe the substance? It’s true.
The seminal case that exposed this gaping hole was the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill. In short, Casias was a Walmart employee and a certified card-carrying medical marihuana patient who consumed the substance to relieve an inoperable brain tumor. In 2009 Casias was injured on-the-job and quickly terminated after a drug test showed he tested positive for marihuana. Casias sued for wrongful discharge, but the U.S. District Court Western District of Michigan ruled against Casias, citing “The Michigan Medical Marihuana Act does not regulate employment.”
According to a catch-22 in Michigan’s Medical Marihuana Act (MMMA), “There is no language in the Act that protects anyone from being terminated from their job for the medical use of marihuana” (p. 44). In other words, there are no concrete rules or regulations in the MMMA that govern the relationship between employees and companies.
The MMMP’s vague wording allows for ambiguities in the law between companies and employees. As shown in the court’s ruling in the case of Joseph Casias v. Walmart Stores, Inc. and Troy Estill, this unclear wording seems to blatantly contradict certain parts of the MMMA’s summary:
“AN INITIATION of Legislation to allow under state law the medical use of marihuana; ; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.”
It’s clear that the MMMA is designed to “provide protections for the medical use of marihuana” in Michigan. However the law does not explicitly guarantee you this liberty. If you believe your rights as stated in the MMMA have been infringed upon by your employer, contact Nessel Defense Law today for an in-depth consultation.
For more than 17 years, Nessel Defense Law has been Detroit, Michigan’s premier practice for every area of the law. Dana Nessel’s expertise includes all misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides/manslaughter, internet crimes, larcenies/home invasions/breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce/annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders/personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel Defense Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Dana Nessel has 17 years of litigation experience in all areas of criminal law, both as a long-time prosecutor and as a defense attorney. Ms. Nessel has conducted hundreds of felony and misdemeanor trials, including over a hundred capital cases, and dozens of homicides.
As a Wayne County Assistant Prosecutor, Dana Nessel was specially assigned to a number of elite units.
In the Child and Family Abuse Bureau, Dana Nessel vertically prosecuted child sexual and physical abuse cases, including internet crimes, child homicides, and major offenses involving child witnesses. She was forensically trained in child interview techniques and procedures. Ms. Nessel specialized in “shaken baby” cases involving severe traumatic brain injuries. Ms. Nessel also handled domestic homicides, assaults, criminal sexual conduct cases and incidents of aggravated stalking.
Dana Nessel was also specially assigned to the Police Misconduct Unit, where she was assigned the task of investigating and prosecuting the fatal and non-fatal shooting of civilians by police officers as well as all in-custody deaths that occurred in the local lock-up units and county jail of Wayne County. Ms. Nessel conducted on-scene investigations and prosecuted officers found to have committed criminal violations. Ms. Nessel also performed training sessions for all Wayne County police departments on the use of force and proper prisoner detention procedures.
Ms. Nessel also received assignments to the Auto Theft Unit, where she vertically prosecuted major auto theft cases, including chop shops, retagging, vehicle cloning, VIN alterations, identity theft, and prosecutions under the RICO criminal enterprise statute. Ms. Nessel also was picked for a joint task force with auto insurance companies and the Michigan Secretary of State for law and ordinance construction and the investigation of “scrapping” cases.
In 2005, Dana Nessel left the prosecutor’s office to enter the world of private practice, where she has become renowned as a staunch defender of constitutional rights. In her criminal practice, Ms. Nessel has vigorously defended hundreds of criminal cases, from petty theft to first degree murder. Dana Nessel’s extensive knowledge of the law and her personal experience with the judges, prosecutors and police officers in the area makes her ideally suited to best advise her clients on their concerns, and to know how to approach their cases. As a result, she has been able to achieve results unmatched by most attorneys’ practicing in the area.
While Ms. Nessel’s practice has a heavy emphasis on criminal defense, she also handles civil rights actions, family law matters, and general tort litigation. Ms. Nessel recently obtained two half-million dollar settlements in cases involving the police shootings of an elderly man, and of a 12 year old boy and his dog.
In 2010, she championed the rights of Renee Harmon, a lesbian mother fighting for custody and visitation of her 3 minor children. In a landmark case, Dana Nessel became the first attorney in the state to successfully argue that a same-sex, non-biological parent has rights as a natural, equitable parent under the Child Custody Act. The case is now pending before the Michigan Supreme Court.
Ms. Nessel has also successfully handled many cases involving the Family Medical Leave Act, civil forfeitures arising out of police confiscations, employment discrimination and harassment, liquor licensing violations, and general tort litigation.
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