Anita Gibson, Vice President, Work Skills

Corporation&

Amy Maes, Associate Director, Disability Network

Oakland & Macomb

1. Legal Marijuana in Michigan

Medical Marijuana Relevance

2. Employer Considerations

3. Employee Considerations

4. Rehabilitation Considerations

5. Jobs/Growing Industry

6. Snapshot of Marijuana Business Development

Policy Considerations

Presentation Outline

This 2018 law made recreational marijuana legal in Michigan. Adults 21 years of age or older can legally use and possess up to

2.5 ounces of marijuana. Authorizes state-licensed retailers to engage in the commercial

sale of marijuana. Emergency Rules implemented and regulated by the newly

formed Marijuana Regulatory Agency (MRA).Michigan’s existing law, Michigan Medical Marijuana Act (MMA)

legalized medical marijuana use in 2008.

MRTMA – Michigan Regulation & Taxation of Marijuana Act

Yes or No? I can possess 2.5 oz. of Marijuana.A physician can prescribe medical marijuana.Employers must to accommodate employees who

use medical marijuana.Marijuana safer than alcohol. I can grow my own marijuana at home. Is marijuana safer than smoking cigarettes. I can smoke anywhere now that marijuana is legal.Opioid deaths go down in states with legalized

marijuana.

Michigan Recreational Cannabis Possession Limits: Up to 2.5 ounces away from home Up to 10 ounces at home No more than 15 grams of cannabis concentrates Up to 12 cannabis plants*

Michigan Medical Marijuana Equivalents: 16 ounces of marijuana-infused products in solid form 7 grams of marijuana infused product in gaseous form 36 fluid ounces of marijuana-infused product in liquid form

*If you grow your own, there is no limit on how much you can possess.

Possession Limits

Any adult 21 or older can use and possess cannabis. Patients younger than 21 are limited to medical maximums.At home, people can possess up to 10 oz. of flower as long as anything over 2.5 oz. is locked up. Violations are a civil infraction punishable by a $100 fine.

Who can possess Marijuana?

Any adult 21 or older can cultivate up to 12 cannabis plants.Per household, and if you grow your own, there's no limit to

how much marijuana you can possess.The 12 plants should be indoors, or outside in a locked

enclosure that is not easily visible from public areas. Growing on rental properties is subject to landlord approval.

Can I grow my Own?

Retail Shops are not yet available. Licenses will open November 1, 2019. Retail stores maybe as early as February or in 2nd/3rd

quarter of 2020. Deadline for Banning Recreational Market – November 1st

(permanent or temporary ban). Adults can legally "gift" up to 2.5 oz. or 15 grams of

concentrate for free to another adult. Gifting is only legal without compensation. You can still purchase marijuana legally through dispensary or

caregiver as long as you have a valid medical marijuana card. When the retail market opens, establishments may offer

both medical and recreational products in the same location but product must remain separate.

Where is it for sale in Michigan?

By law, it is illegal to consume cannabis in a public space, punishable by a civil infraction. Unclear what is meant by a "public place" anything in public view as a public placepublic-owned property, like a park or courthouse

The new rules will allow for Smoking lounges & Clubs – no food or alcohol can be served;Events & Festivals with specific special licenses;Hotels - ? Private places

Where can I consume it?

People can travel with up to 2.5 oz. of cannabis flower or 15 grams of concentrate anywhere except on school property, a school bus, or a correctional institution. Cars International BridgeTrain, Airplane, Boat

Can I travel with Marijuana?

Rebranding cannabis friendly hotelsDoes not require permit as it is on

private propertyMillennials and Baby BoomersWebsite to Cannabis Friendly Hotels

Allows the patient access to lower cost products.First Priority to Product (Supply & Demand).Higher potency limits with medical marijuana. Still available to purchase now vs. recreational

products.

Obsessive Compulsive Disorder Arthritis Rheumatoid Arthritis Spinal Core Injury Colitis Inflammatory Bowel Disease Ulcerative Colitis Parkinson’s Disease Tourette's Syndrome Autism Chronic Pain

Cancer Glaucoma HIV Acquired immune deficiency

syndrome Hepatitis C Crohn’s disease Amyotrophic lateral sclerosis (ALS) Agitation of Alzheimer’s disease Nail patella PTSD Cachexia or wasting syndrome Severe and chronic pain Severe nausea Seizures Severe and persistent muscle

spasms

Federally it is considered a Schedule 1 drug (with no identified medicinal benefits). So a physician cannot prescribe marijuana.Under the act, the physician certifies the presence

of a debilitating medical condition.

As a Schedule 1 drug, a pharmacy cannot dispense marijuana.

1. Black Bart2. Dinkie Dow3. My Brother4. Furthermore5. Third Space6. Top Shelf7. Raised Grain8. Enlightened9. Red Eye10. Gravity

11. NoDa Hop Drop n Roll12. Tres Dawg13. Recon14. Citra Ass Down 15. Tactical Nuclear Penguin16. Killer Queen17. Gandhi-Bot18. Geriatric Hipster Club19. Asylum High Coup20. Saka

Dozens of strains of marijuana

Over last 20 years, marijuana potency –expressed as a percentage of THC by weight of substance – has increased from approx. 3% in 1980s to approx. 15% today

THC can be detected in bloodstream days or weeks after ingestion

Marijuana: a Primer

Marijuana & Impairment

Testing can indicate ingestion within 4-6 hours, however no accepted test to assess or predict impairment

Impairment affected by:

• Strain & potency of Marijuana• Physical characteristics of the user • Environmental surroundings• Frequency of use• Method of consumption

What do you do? Immediately tell the

Employee they will be subjected to a drug test before starting work. Implement your random

drug test policy and include the Employee in the testing.

Employer has a random drug test policy that all employees agreed to as a term of their employment. Employee arrives at work,

smelling of marijuana, eyes watering and bloodshot.

Detecting Impairment?

Training• Understanding your own policies.• Trained to detect impairment as a result

of Marijuana use.

After marijuana was decriminalized in Colorado, the number of positive workplace drug tests increased by 20 percent between 2012 and 2013, compared to a national average increase of five percent.Michigan law requires that an Employer make an offer of

employment before any testing can occur. For further guidance you will need to look at the rules and regulations under which your funding and contracts require. Because drug testing is a “search,” public employers must ensure

that these searches are reasonable, in accordance with the Fourth Amendment.

Increased positivity rates for marijuana in states enacting recreational law oNevada (43%)oMassachusetts (14%) oCalifornia (11%)

Significant increases in marijuana positivity in federally-mandated, safety-sensitive workersoNevada (39%)oCalifornia (20%)oMassachusetts (11%)

Employers covered under the Drug Free Workplace Act which requires that all federal grant recipients and federal contractors adopt a zero tolerance policy at their workplaces. Require that all employees notify the employer or

contractor within five days of any conviction for a drug offense in the workplace; andMake an ongoing good faith effort to maintain a drug-

free workplace. The Act does not require that employers conduct

mandatory drug tests. Being a drug free workplace comes with discounts

under Workers Compensation Insurance.

Why do Employers Choose Not to Drug Screen?

As a result of legalizing marijuana, many Employers are choosing not to drug screen new and current employees. Low Unemployment & Growing Economy

Some states have enacted law prohibiting workplace discrimination against employee’s who use medical marijuana. MRTMA does not restrict a private employer’s right to

maintain and enforce a zero tolerance drug and alcohol policy.

Requirement to ensure employees (a) are not impaired at work; and (b) can perform their duties safely.What exactly is the accommodation request?

The Duty to Accommodate

Employers must ensure the health and safety of workers. Key considerations include:

Is the employee in a safety sensitive position?

Does the employee have a verified medical condition requiring medical marijuana? Or, is the employee using recreationally?

If there is a verified medical condition, the employer then examines if it can accommodate the employee’s condition. Including, if that condition is addiction.

Ensuring Health and Safety

Currently, most drug and alcohol policies lump marijuana together with the prohibited use of other illegal and illicit drugs

Zero tolerance, Nuanced language - while updates to drug and alcohol policies will be needed, the basic principles regarding impairment in the workplace continues-

e.g. Employees are not permitted to be impaired at work or pose a safety risk to their co-workers or the public, regardless of whether they have a prescription and regardless of whether marijuana is legal

Need to Update Policies?

Do you see an injured construction worker, homebound due to multiple failed back surgeries, breaking free of opioids and performing daily activities that have eluded him for years? Or do you see a stoner employee blissfully smoking the best pot of his life paid for by employer, because a doctor “recommended” it for minor low-back strain?

Rehabilitation Considerations

Criminal Expungement efforts have been called an “Economic Driver”!

Current Law, clear record within 5 years, can have records expunged for at least 2 misdemeanors or 1 felony. Senate Bill 416 was introduced and if passed, the

Michigan bill would automatically clear criminal records for more than 235,000 Michigan residents without requiring them to contact the court system.

Other house legislative work is being considered to actually extend expungement to those with more than 2 misdemeanors or 1 felony; a six-bill package was introduced but no committee hearings have been set to date.

Employee Considerations

An employee may jeopardize ability to receive workers compensation benefits if injured!

Use a Barrier to Employee Benefits

Being terminated for positive drug screen does not disqualify employee The claimant will be disqualified from benefits if: If ingesting marijuana at the workplaceThe claimant was under the influence at workplace Inability to demonstrate that s/he is a qualifying patient

who has a registry card Individual’s use of medical marijuana put the

safety of persons or property at risk

Have the rules changed for eligibility to services if an applicant is engaging in legal marijuana use?Can MRS write a plan for employment for marijuana related

such as a Marijuana dispensary?Can MRS write a plan for a University curriculum related to

marijuana studies (ex. four-year degree program in medicinal plant chemistry at Northern Michigan University/LSSU)?Can MRS funds be used to purchase necessary equipment to

start up a marijuana type small business/micro-business (metal framing systems to support overhead lights, fans, or other growing accessories)?

Growing Industry

Identify employers with drug free workplace policies that address supportive interventions. (Check out website)Call the employer anonymouslyKnow what jobs necessitate drug testing

Website for DVR Best Practices in Job Placement

Employer search engines for jobs that don’t drug test For type of job input No Drug Test Marijuana or Cannabis Friendly

Website to Career Jet No Drug Test Jobs Michigan Website to Its My Career Website to Simply Hired Marijuana Friendly Website to Indeed Marijuana Friendly Michigan

GoogleAppleFacebookTwitterMicrosoftYahooQualcommStarbucks

National Public RadioGapWhole Foods

MarketChipotle Mexican

Grill

1. Chef2. Restaurant

Manager3. Accountant

or Bookkeeper

4. Information Technology (IT) Consultant

5. Audio Recording Engineer

6. Event Planner or Wedding Consultant

7. Computer Programmer

8. Mobile

Applications Developer

9. Web Designer or Developer

10. Graphic Designer or Illustrator

11. Video Game Designer

12. Computer Animator or

13. Visual Effects Artist

14. Film Producer15. Fashion Designer16. Interior Designer17. Photographer18. Cosmetologist19. Skin Care Specialist20. Makeup Artist21. Dog Trainer22. Personal Fitness Trainer23. Floral Designer24. Journalist25. Real Estate Agent26. Writer

7-Eleven Alaska Airlines American Express Anheuser-Busch AT&T Best Buy Boeing Caterpillar CenturyLink Chevron Citibank Coca-Cola Comcast ConAgra Foods Costco Consumers Energy Co CVS Pharmacy Dow Chemical Company DTE Energy Co. and DuPont ExxonMobil

FedEx General Electric (GE) Georgia-Pacific Goodyear Tire and Rubber

Company The Hershey Company Hewlett-Packard (HP) The Home Depot Honeywell IBM IKEA Jiffy Lube John Deere Johnson & Johnson Kaiser Permanente Lockheed Martin Lowe's Molson Coors Motorola Solutions Northwest Airlines Pep Boys

PepsiCo Pfizer Raytheon Safeway Sam's Club Sears Sprint Corporation Staples Toys R Us United Airlines United Parcel Service (UPS) U.S. Bank Verizon Wireless Wal-Mart Waste Management Weyerhaeuser Xerox

Manager- BudtenderErba CareDetroit, MI

BudtenderLume Cannabis CompanyWalled Lake, MI 48390

Inside Sales RepresentativeOoze WholesaleOak Park, MI 48237

Field Brand RepresentativeCura CSDetroit, MI

Retail ManagerGreen Peak InnovationsHazel Park, MI 48030

BudtenderThe Greenhouse of Walled LakeWalled Lake, MI 48391

There are no statewide caps on licenses for a market expected to launch next year, but municipalities can restrict the number. Projections: Michigan could generate $1.4 billion-$1.7 billion in annual sales within several

years of the launch.

Nearly 1,000 of the state’s 1,773 communities have at least for the time being decided to ban retail stores in their areas. License types for those that don’t possess a medical marijuana operating

license include: Grower Safety compliance facility Microbusiness Social consumption establishment Marijuana event organizer Temporary marijuana event

There is a $6,000 nonrefundable application fee for the main applicant, which is the entity or the individual seeking to hold the state license. Social-equity applicants qualify for reduced fees.

Cannabis retail establishments cannot be located in areas zoned exclusively for residential use or within 1,000 feet of any school for grades K-12. However, local municipalities may reduce this distance requirement or impose additional location requirements as they see fit. Local Ordinances address caps for number of retail

establishments, no-toke zones and buffer zones. Examples: Marquette, Battle Creek, Royal Oak, Ann Arbor,

Traverse City

Medical marijuana clauses are increasingly common in rental agreementsIn January 2017, law was passed providing protections for the rights of apartment management & landlords to prohibit medical marijuana patients from using or growing cannabis within their rented space (Senate Bill 72)

In 2011, HUD released an official statement:o For new admissions to Public Housing and Housing Choice Voucher

programs, medical marijuana users are prohibited under the Controlled Substance Act.

o For existing residents, PHAs are required to establish occupancy standards and lease provisions that will allow the PHA to terminate assistance for controlled substance use.

o However, they are not compelled by the law to evict. PHAs have discretion to determine continued occupancy policies that are “most appropriate” to the local communities.

o PHAs can also determine whether to deny assistance or terminate individual medical marijuana users, rather than entire households.

o PHAs have the discretion to determine, on a case-by-case basis, the appropriateness of program termination of existing residents.

Most universities comply with federal laws on the subject Subject to the Drug-Free Workplace Act of 1988 and

Drug Free Schools and Communities Act of 1989As a result, campus housing units are required to

follow zero tolerance policiesMany student housing units are also smoke-free

Are students in general and recipients of Pell Grants in particular required to comply with the Controlled Substance Act?Northern Michigan University & LSSU 1st to

offer marijuana studies Are Medicare third-party reimbursements to

hospitals covered by the Drug-Free Workplace Act?Are banks and other financial institutions selling

U.S. Treasury bonds covered by the Drug-Free Workplace Act?

Legalization of Marijuana in Michigan

Thank You So MuchFor Coming to our “Joint” Session