Pubdate: Mon, 18 Oct 2010
Source: Press and Guide (Dearborn, MI)
Copyright: 2010 Press and Guide
Contact:  http://www.pressandguide.com/
Details: http://www.mapinc.org/media/5196
Author: Sarah Rigg, For The Press & Guide
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

GOT POT?: LAW VAGUE ON TESTING

Recent Michigan medical marijuana legislation has brought up many 
questions about implementation in a variety of areas, from zoning 
laws to patient confidentiality, but one issue that might prove to be 
especially sticky is how employers and employees will respond to the 
legislation.

The Michigan Department of Community Health has a "Frequently Asked 
Question" page (http://tinyurl.com/bqfe2o) dealing with medical 
marijuana, and it contains some information about medical marijuana at work.

Question: Can I use medical marijuana at work?

Answer: This is up to the employer. Even if you are a registered 
patient, your employer may still prohibit medical marijuana use in 
the workplace.

Question: What should I tell my employer if I am subjected to a drug test?

Answer: The MMMA states that employers are not required to 
accommodate employees who use medical marijuana. You may wish to 
consult an attorney about whether to tell your employer that you are 
a patient in the MMMP. A patient may contact the MMMP in writing to 
ask the program to release information about the patient's 
registration to an employer.

Still, Anthony Freed, executive director of Ypsilanti-based Michigan 
Marijuana Chamber of Commerce, says the law is "ambiguous," and says 
the ambiguity is especially bad in regard to employment issues.

"There's no real way to sort it out," Freed said. "If you read the 
whole body of the law, it says employers do not need to accommodate 
(ingestion of marijuana)."

That portion of the medical marijuana act says: "Nothing in this act 
shall be construed to require... an employer to accommodate the 
ingestion of marihuana in any workplace or any employee working while 
under the influence of marihuana."

Freed points out, however, that another section says "you cannot be 
denied rights or have prejudice harbored against you. If firing 
someone with a (medical marijuana registration) card is not 
prejudiced, I don't know what would be."

It seems likely that employers and employees will be grappling with 
the implication of the act for years to come.

To read the entire text of the act, visit http://tinyurl.com/2eyauz6.

To read the state's FAQ list on medical marijuana, visit 
http://tinyurl.com/bqfe2o.

[sidebar]

GOT POT?: AT A GLANCE

 From the Michigan Department of Community Health, Michigan Medical 
Marihuana Program.

A total of 54,765 original and renewal applications received since 
April 6, 2009.

A total of 27,755 patient registrations issued.

A total of 6,832 applications denied most due to incomplete 
application or missing documentation. Currently, staff is issuing 
registry identification cards for valid applications received at the 
end of May.

Applications are usually reviewed within 15 days of receipt. 
Incomplete applications are denied and applicants are then notified 
of denial by certified and regular mail.

The statute currently allows for a copy of the application submitted 
to serve as a valid registry identification if the card is not issued 
within 20 days of its submission to the department. If an applicant 
doesn't receive a denial letter within 20 days, he or she can use the 
completed application and the canceled check as a temporary registration card.

Guidelines

A patient must have a qualifying debilitating medical condition as 
listed on the Attending Physician's Statement.

The MMMP cannot supply someone with seeds or starter plants, or give 
advice on how to grow medical marijuana.

Your physician must be a medical doctor or doctor of osteopathic 
medicine licensed to practice in Michigan. A patient must have an 
established patient/physician relationship with his or her "attending 
physician." Other licensed health professionals such as 
chiropractors, physician assistants and nurse practitioners cannot 
sign the documentation.

The MMMP cannot refer someone to a physician. The MMMP doesn't have a 
physician referral list.

A patient, or designated primary caregiver, may grow marijuana. There 
is no place in the state of Michigan to legally purchase medical marijuana.

The MMMP cannot find a designated primary caregiver for a patient. 
The MMMP doesn't keep a referral list of people who want to be 
caregivers for patients. (People are not required to list a caregiver 
unless you are younger than 18 years old.) A person's caregiver 
cannot be his or her physician.

If you decide to change your caregiver, it's your responsibility to 
notify him or her that he or she is no longer protected under the 
law. The MMMP doesn't communicate directly with caregivers.

The MMMP will only speak directly with the patient. All written 
requests to release information must be signed and dated by the 
patient. The MMMP will not accept written or verbal requests for 
information from a caregiver or any other person without a patient's 
permission.

The act neither protects marijuana plants from seizure nor 
individuals from prosecution if the federal government chooses to 
take action against patients or caregivers under the federal 
Controlled Substances Act. 
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MAP posted-by: Richard Lake