Michigan Medical Marijuana Patient Loses Appeal over Rescinded Job Offer

Michigan’s Court of Appeals has ruled against a woman whose offer of conditional employment by a public entity was rescinded after she tested positive for marijuana even though she had a state-issued card allowing her to use the drug.

An Associated Press report suggested the ruling could reinforce zero-tolerance workplace rules for marijuana even in cases in which a person has a medical marijuana card.

The Feb. 19 court decision came in a lawsuit brought by Angela Eplee of Dimondale, who said the Lansing Board of Water and Light rescinded a 2017 job offer after she tested positive for marijuana even though she had made it clear that she was a qualified patient under the state’s medical marijuana law.

The board denied the test result was the reason for withdrawing the offer.

The trial court dismissed the case, reasoning that “the conditional offer of employment did not constitute a contract of employment because it could be withdrawn at any time,” according to the Court of Appeals’ written opinion.

In its opinion, the appeals court stated that “the core of the dispute in this case is plaintiff’s contention that because she tested positive for THC as a result of her use of medical marijuana, the BWL was absolutely prohibited from rescinding her conditional offer of employment.”

However, noting that “under Michigan law by presumption, employment relationships are terminable at the will of either party,” the court found the plaintiff failed to offer any legal argument suggesting she had the right to be employed by the BWL. The plaintiff had acknowledged that the offer of employment by BWL was conditional and never made a case to suggest that the employment offer was not at will, the court said.

Ultimately, the appeals court found, the plaintiff could not use Michigan’s medical marijuana law “to gain an enforceable contractual right to employment where no such right previously existed.” The plaintiff did not show that BWL had limited its right to withdraw the job offer. In addition, the court said, “plaintiff has failed to state a claim for breach of contract on which relief could be granted.”

The court affirmed the trial court’s dismissal and declined to award costs to either party.

The Associated Press reported that Eplee’s attorney is reviewing the decision.

Medical marijuana use in Michigan was approved in 2008 for some chronic medical conditions. Recreational use of marijuana was approved in the state last year.