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.

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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.