This Law Firm Publication by Jackson Lewis, P.C. discusses a Michigan appellate court's decision that employees in three different cases (Braska v. Challenge Mfg. Co. and Dep’t. of Licensing & Reg. Affairs, Unemployment Insurance Agency, Kemp v. Hayes Green Beach Mem. Hosp. and DLRA, UIA, and Kudzia v. Avasi Services, Inc. and DLRA, UIA), who were fired after testing positive for medical marijuana will not be denied unemployment benefits. In each case, the employee fired for a positive drug test had a registered medical marijuana card under the Michigan Medical Marihuana Act (MMMA). The MMMA, which provides immunity from penalty to those who use marijuana in accordance with the act, preempts the Michigan Employment Security Act, which disqualifies those fired for failed drug tests from receiving unemployment benefits. While the court noted that using, or being under the influence of, marijuana at work is not accommodated by the MMMA, there was no evidence that either of those circumstances arose in these cases.