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Old 10-24-2008, 09:52 PM   #1
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Question MI: drug test and legallization

if old mary j' gets legalized in michigan would that still mean that we gotta do drug tests... and if we are allowed to smoke for medicinal purposes ... would we get fired from our job or not get a job for having it in our system?? even tho we are smoking for med purposes
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Old 10-24-2008, 10:56 PM   #2
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AFAIK, there is nothing in the works to legalize marijuana in Michigan. In states with medical marijuana laws, employees are still subject to drug tests and may be discharged for failing to pass one. The only thing the medical marijuana law does is keep you from being prosecuted under state laws for possession or growing within the limits set by law. There is a proposed law in CA requiring employers to treat medical marijuana like any other prescription drug, but I don't think that's workable in an environment that has federal "drug-free workplace" contracts.
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Old 10-25-2008, 12:30 AM   #3
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Actually there is a ballot proposal this year. Proposal 08-1, The Michigan Medical Marijuana Act: A legislative initiative to permit the use and cultivation of marijuana for specified medical conditions. There are of course many requirements listed to cover them, the Physician, caregiver and patient so that they will have "control" over who and what is prescribed. i.e. the medical condition you have, the amount, how and where it is grown, ID cards. Also permitting registered/unregistered patients, and primary caregivers to assert medical reasons for use as a defense in prosecution involving marijuana.
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Old 11-02-2008, 12:33 AM   #4
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I read the ballot proposal for medical marijuana in Michigan.

From what I have gathered is that if this passes medical marijuana patients will not be allowed to be fired for failing a drug test for marijuana.

Its a well written bill and fairly easy to understand, but it is rather lengthy.

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

I assume that being fired from your job for failing a drug test would constitute a penalty or disciplinary action by a business, which is clearly not allowed once this bill is passed.

The full text is available here.

Last edited by nornerator : 11-03-2008 at 02:32 AM.
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Old 11-03-2008, 02:40 PM   #5
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so with this proposal... i did read it but i also didnt find anything in it about glaucoma....so does that mean people with that can't smoke it either??? what about people with post-polio?
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Old 11-03-2008, 10:40 PM   #6
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Diseases and conditions covered under the Michigan Medical Marijuana Bill:

(a) "Debilitating medical condition" means 1 or more of the following:
(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail patella, or the treatment of these conditions.
(2) A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
(3) Any other medical condition or its treatment approved by the department, as provided for in section 5(a).

Sec. 5. (a) Not later than 120 days after the effective date of this act, the department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, that govern the manner in which the department shall consider the addition of medical conditions or treatments to the list of debilitating medical conditions set forth in section 3(a) of this act. In promulgating rules, the department shall allow for petition by the public to include additional medical conditions and treatments. In considering such petitions, the department shall include public notice of, and an opportunity to comment in a public hearing upon, such petitions. The department shall, after hearing, approve or deny such petitions within 180 days of the submission of the petition. The approval or denial of such a petition shall be considered a final department action, subject to judicial review pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Jurisdiction and venue for judicial review are vested in the circuit court for the county of Ingham.

Glaucoma is accepted, and if post-polio produces severe pain then that is protected as well.
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Old 11-09-2008, 07:17 PM   #7
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Quote:
Originally Posted by nornerator View Post
I read the ballot proposal for medical marijuana in Michigan.

From what I have gathered is that if this passes medical marijuana patients will not be allowed to be fired for failing a drug test for marijuana.

Its a well written bill and fairly easy to understand, but it is rather lengthy.

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

I assume that being fired from your job for failing a drug test would constitute a penalty or disciplinary action by a business, which is clearly not allowed once this bill is passed.

The full text is available here.
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Old 11-07-2008, 02:00 PM   #8
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THE PROP.1 GOT PASSED!!! w00t

now i need goto the eye doctor and see if i get diagnose for Glaucoma
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Old 11-10-2008, 01:02 AM   #9
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This bill was written very clearly, this is fantastic! The bit about the public being able to petition the government to include additional uses for MMJ is very progressive.
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Old 11-11-2008, 05:32 PM   #10
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One step closer in the right direction!
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