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  1. #1
    Join Date
    Feb 2010
    Posts
    16

    Default Michigan Medical Marijuana

    Will there be any trouble with Workers Comp. and having a medical Marijuana card and using Marijuana. for medical reasons in Michigan.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,050

    Default Re: Michigan Medical Marijuana

    The way I understand it, those pot clinics don't accept insurance, you have to pay cash.
    I can't see how a carrier can make an issue out of something legal.
    I'd be carefull for the first year, no telling what trick they have up their sleeves.
    This is new territory, it'll be interesting to see where it goes.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Oct 2006
    Posts
    145

    Default Re: Michigan Medical Marijuana

    I could see how you could run into problems in certain professions, where testing positive for an intoxicating substance would disqualify you from performing your duties. If you are medically able to work but are choosing a treatment that disqualifies you despite alternative treatments that would not, I could see the insurer trying to cut off your wage loss benefits.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,050

    Default Re: Michigan Medical Marijuana

    If you are medically able to work but are choosing a treatment that disqualifies you despite alternative treatments that would not
    I may be wrong but I think one of the requirements to receive a card is
    that you've tried alternate treatments with no relief.
    It would be a hard fight to prove one treatment works better than another, it's subjective.
    The patient could say the "alternate treatments" weren’t effective, who’s to prove different.
    I have to look it up but there are protections in the medical Marijuana Bill that protects
    patients from sanctions, civil or criminal as long as they comply with the guideline established within the law.


    I found it.

    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,
    http://www.michigan.gov/documents/so...2_251561_7.pdf

    Tony
    Last edited by tony; 02-27-2010 at 06:13 AM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Oct 1971
    Posts
    5,050

    Default Re: Michigan Medical Marijuana

    Here we go....
    Looks like it will be tested.

    Fired for using medical marijuana
    In Battle Creek, a cancer patient recently lost his job for using marijuana that he had been cleared to use.
    Joe Casias has been battling sinus cancer for ten years, but the chronic pain had gotten so bad that Casias decided to try medical marijuana, it was a decision that cost Casias his job.
    “I worked there for five years and did everything I could possibly do for them,” said Casias.
    Wal-Mart was Casias' life. During his five years at the Battle Creek store, he racked up award after award, including Associate of the Year.
    “I never went to work under the influence of pot,” said Casias. “I was always focused 100 percent on the job at hand.”
    However, in the blink of an eye, that job was gone.
    “I was called into the office and was terminated because I failed my drug screen for medical marijuana,” said Casias.
    The State of Michigan says Casias is allowed to use medical marijuana, and issued him a card, but Wal-Mart won't budge.
    http://www.wwmt.com/articles/margin-...ttom-mich.html

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Michigan Medical Marijuana

    My question is, would your ER apply the same consequence if someone tests positive for an opiate on a drug screen when they have a legal/valid prescription for say Hydrocodone or Oxycodone?

    I agree with Tony in that these are new waters that WILL be tested and IMHO for quite some time to come.

    Take Care and Be Well.

    Steel
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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