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Updated: 7:07 AM Jun 30, 2010
Man Fired for Medical Marijuana
A Battle Creek man is suing Wal Mart for firing him after he failed a drug test because he has a state-issued medical marijuana card.
Posted: 10:47 PM Jun 29, 2010Reporter: Jamie Edmonds Email Address: jamie.edmonds@wilx.com |
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There seem to be more questions than answers when it comes to Michigan's medical marijuana law. Here's another one -- can you get fired if you fail an employer drug test?
"If you come to every single one of my classes, that question is asked every time," Danny Trevino said.
Trevino operates Hydroworld in Lansing, a center that first educates people on the law, before they apply for a card. He said, even he doesn't know what to tell them.
"Basically, I explain to my students that a lot of jobs won't hire you because of it, some will still let you go," he said.
Tuesday, a Battle Creek man sued Wal mart for firing him last year. Yes, he failed a drug test, but the cancer patient has a state-issued card.
"Employers are in a tough spot because the law is very unclear," Stephen Schultz said.
Attorney Schultz represents several employers, both public and private. He said plenty of them are choosing to follow federal law, where marijuana is still an illegal substance.
"Employers are still free to adopt zero-tolerance policies, if that's what they want to do," he said.
That's a choice Wal mart made, it happens to be the same policy at News Ten. Schultz said until there's a precedent, each employer in Michigan can use their discretion when it comes to this law.
"There is no case law in Michigan right now," Schultz said. "The courts have not made any kind of decision on this yet. This will be the test case."
Trevino said honestly is probably the best policy when it comes to employment, at least until the gray areas are shaded in.
"A lot of employers aren't even aware of the new law and are still not comfortable with accepting it yet," he said.
State supreme courts in California, Oregon and Montana have already tackled this issue. All three ruled employees are not protected from being fired for using medical marijuana.
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