Should pot smokers be allowed to collect unemployment? (suspect, money, state)
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Probably not although both pot smokers and "drunks" should be able to go into a rehab and get treatment if they need to. If smoking pot or drinking alcohol is more important to someone than being employed, they have a problem.
Using cannabis or alcohol does not necessarily prevent someone from being employed. It depends on the profession.
Now, and solely in the context of unemployment benefits, claimants will be disqualified from receiving unemployment benefits if the claimant’s: (1) positive drug test for marijuana was caused by the ingestion of marijuana at the workplace; (2) discharge is based on the fact that the claimant was under the influence of marijuana at the workplace; or (3) inability to demonstrate that he or she is a qualifying patient who has been issued and possesses a registry identification card under the Michigan Medical Marijuana Act. https://www.michigan.gov/uia/0,4680,...6651--,00.html
Sorry. I could (should?) have checked before asking. Well maybe it will help someone to know.
Yes it will. Alcohol is legal but I can still be fired for having it in my system at work. Making pot legal (which I support) will not negate employment rules.
Having alcohol in the system,to a level of being intoxicated, means that someone is drunk. I can see being fired for being drunk at work. Just like a DUI - failing the test means they are drunk.
However, someone can fail a pot test without being high because pot stays in the body for many weeks after use, long after the high wore off.
This is getting tricky for companies to deny employent over pot because either recreational or medical pot is legal in many states, with new states passing laws each year. I think proof of marijuana use can stay in the body for several weeks, possibly a couple months. If someone went to Colorado 3 weeks ago and had a pot brownie, would a future employer turn them down due to failing the drug test.
Pretty soon companies will be forced to remove pot from the tests, as more states make it legal. It's like telling someone they aren't getting hired because they had a Bud Light 2 weeks ago on a Saturday night.
It's not difficult at all and companies will never need to remove pot tests as an employment requirement as long as pot is Federally illegal. It's pretty simple. Federal law trumps State law. There's no if ands or buts.
If two people, one on pot and one not, become unemployed and they then both apply for a job that requires a drug test, is it fair that one has to go to work and one can continue to collect unemployment?
Having alcohol in the system,to a level of being intoxicated, means that someone is drunk. I can see being fired for being drunk at work. Just like a DUI - failing the test means the are drunk.
However, someone can fail a pot test without being high because pot stays in the body for many weeks after use, long after the high wore off.
Either way, I am out. We may devise better systems to determine influence but making pot legal isn't going to over ride the rules set up by employers.
It's not difficult at all and companies will never need to remove pot tests as an employment requirement as long as pot is Federally illegal. It's pretty simple. Federal law trumps State law. There's no if ands or buts.
Federal legislation has also been introduced to fight this, but I don't think there are any current bills. But it's just a matter of time.
Those look like ifs, ands, and buts to me.
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