In Braska v Challenge Mfg., a reported Michigan Court of Appeals case, three claimants were fired by their employers when they tested positive for marijuana. Each employer had a “zero tolerance” policy. The claimants filed for unemployment benefits. In each instance, there was no evidence presented that the employees used marijuana on the job, were under the influence of marijuana on the job, or that they refused to submit to a drug test.
The court held that denial of unemployment benefits was a violation of the Michigan Medical Marihuana Act’s prohibition on imposition of a civil penalty for using medical marijuana.
The viewer may be wondering why this is mentioned on a real property blog? The court specifically reserved, and did not decide, the issue of whether the employer’s firing itself, an action by a private actor, was covered by the MMMA, but the court reaffirmed that the use of marijuana remains illegal. Thus, the question whether use of medical marijuana would violate a restriction prohibiting “illegal” activity in a condominium or homeowner association remains to be decided.