At the end of October the Michigan Court of Appeals considered whether an employee who possesses a medical marijuana card under the Michigan Medical Marihuana Act (MMMA) is disqualified from receiving unemployment benefits under the Michigan Employment Security Act (MESA) because the employee failed a drug test. Braska v Challenge Mfg Co, No. 313932, 2014 WL 5393501 (Mich Ct App October 23, 2014). The Court held that while testing positive for marijuana would ordinarily disqualify employees from recovering unemployment benefits under MCL 421.29(1)(m) (a provision dealing with employee drug testing) the employees in the case were not precluded from obtaining unemployment benefits "because there was no evidence to suggest that the positive drug tests were caused by anything other than claimants' use of medical marijuana in accordance with the terms of the MMMA," noting that the MMMA preempts the MESA. Notably, the case reviewed the actions of the Michigan Compensation Appellate Commission, a state actor.

The Court based its decision in part on the fact that none of the parties alleged the employees involved in the case used medical marijuana in a manner that did not comply with the MMMA. And, none of the employees were alleged to have been under the influence of marijuana while at work, or in possession of marijuana at work.

The Court made it clear that "[t]he issue raised in this case [was] not whether the employers violated the MMMA because they terminated claimants" and reiterated in a footnote that the Court was "not tasked with deciding whether the MMMA applies in situations involving solely a private actor" -- as this case dealt with a state actor (the Michigan Compensation Appellate Commission).