On Thursday March 3, 2011, the Senate Health Policy Committee passed a bill that would ban medical marihuana bars.  Proposed by Senator Rick Jones back in January, the bill defines "marihuana bar" as a place where medical marihuana is used for a fee.  Reportedly, the Senator's main concern is that people should not be operating motor vehicles immediately after they use marihuana.  A violation of the proposed bill could carry a 90 day jail sentence and fines up to $500.  The Senate should vote on the bill in the next couple of weeks.  For more information please read the following article.

Michigan Municipalities continue to struggle with how to properly regulate medical marihuana in their communities.  Below is an update of recent municipal action:

• City of Holland: City Council approved a three month extension to the medical marihuana dispensary moratorium.
• Village of Kalkaska: Village Council voted last week to establish a six month moratorium on the sale and dispensation of medical marihuana.
• City of Flint: City Council passed a six month moratorium banning new dispensaries from opening their doors.  The City Council is hopeful that this will be enough time to establish a zoning ordinance for dispensaries. 
• Union Township: Passed a six-month medical marihuana moratorium to ensure safe usage and to take proper zoning measures.
• East Lansing: City Council extended its moratorium for another 90 days to consider an ordinance that would confine dispensaries to certain zoning districts.  The Council will reexamine the issue at its March 15 meeting.
• Bay City: To temporarily stop any more dispensaries from opening, the Bay City Commission approved a six month moratorium to discuss regulations.
• Grand Blanc Township: Allows dispensaries in an area around Genesys Health Park
• Delhi Township: Approved an ordinance allowing marihuana distribution under the category of "home caregiver."
• Village of Dimondale:  Village Council adopted an ordinance that prohibits dispensaries but allows registered caregivers to deliver medical marihuana to the homes of registered patients.

On February 16, 2011, Andria M. Ditschman spoke to Union Township planners about the current status of the Michigan Medical Marihuana Act.  Ditschman is working with several different communities to develop licensing and zoning rules that regulate medical marihuana uses.  For more information about Ditschman's meeting please see the following article and accompanying video.

On February 11, 2011, Judge Robert Jonker declined to create a new protected class for medical marihuana patients in Michigan.  Joseph Casias, who suffers from an inoperable brain tumor, worked at a Wal-Mart store in Battle Creek.  The former associate of the year was injured while on the job and was subsequently required, under Wal-Mart's national policy, to submit to a drug test.  After testing positive for marihuana, Wal-Mart's corporate office made the decision to terminate Mr. Casias.   

Mr. Casias brought an action for wrongful discharge alleging that Wal-Mart's application of its drug testing policy violated the Michigan Medical Marihuana Act (MMMA).  The Court disagreed, holding that the MMMA did not create a private right of action for wrongful discharge because it was intended to address potential adverse action by the state, not to regulate private employment.  The Court opined that the plaintiff's theory would create a new protected class for medical marihuana users and mark a radical departure from the general rule of at-will employment.

The Court reached this decision by interpreting the word "business" in Section 4(a) of the MMMA to modify "licensing board or bureau" rather than as a stand-alone term.  Whenever the word appeared in the statute, it was followed by that qualifying phrase thus precluding the term from incorporating the entire realm of private employment. 

The plain language of the MMMA does not give medical marihuana patients the same kind of employment protection offered to other protected classes such as religion, race, color, national origin, age, sex, height, weight, or marital status.  This type of safeguard would extend the statute's protection beyond its intentions.  Therefore, a medical marihuana patient may be discharged from an at-will position even if the patient is qualified under the MMMA.

Because this opinion specifically addressed the rights of private at-will employees, it is unclear whether the same reasoning would apply to public or state employees; however, it is likely that this opinion could be used as guidance when making a more definitive decision regarding public employment rights.