Walmart Employee Fired For Medical Marijuana Use

Walmart Employee Fired For Medical Marijuana Use Files Suit
Detroit Business Development Examiner.

Joseph Casias, the 29-year-old former employee at Walmart in Battle Creek who was fired last year for using medical marijuana, has filed a lawsuit against the chain. He claims wrongful termination.

Casias, a participant in the Michigan Medical Marihuana Program (MMMP), was using the drug legally under state law. MMMP was passed by voters in 2008.

Casias uses medical marijuana to treat a brain tumor, sinus cancer, and an injured leg. Random drug tested came back positive, leading to his dismissal. Individually these conditions cause great pain but the three together are excruciating.

Walmart has a long-standing policy against drug usage. They require pre-employment screening and they do post-accident drug screening.

More than half of companies in the United States do port-accident drug screening to ensure levels are low enough to permit the employee to function safely.

The existing Michigan Medical Marijuana Act seems to exempt medical marijuana from the requirements of the Americans with Disabilities Act (ADA). According to the state’s website, “The MMMA states that employers are not required to accommodate employees who use medical marihuana.”

It is unclear as to which law, MMMA or the ADA, will take precedence in the case. The issue is complicated because Federal law classifies marijuana as an illegal drug. In effect, the argument for Casias is that the federal ADA trumps the state’s MMMA while the state’s MMMA trumps the federal drug law.

Read the full article here.

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