Medical Marijuana Case to Go Forward

By: Associated Press
By: Associated Press

A federal judge on Friday heard arguments in the case of a medical marijuana user claiming a Michigan Walmart store wrongfully fired him after testing positive for the drug.
U.S. District Judge Robert Jonker in Grand Rapids said he will consider a motion by attorneys representing Joseph Casias to move the case to back state court and Wal-Mart Stores Inc.'s motion to dismiss the case. The American Civil Liberties Union is among those representing Casias, who sued in state court in June in Calhoun County Circuit Court.
Bentonville, Ark.-based Wal-Mart said in a statement Friday it's sympathetic to Casias' condition but wants the case heard in federal court.
Casias, 30, was fired last year after five years working in a Battle Creek store. He said he was registered to use the drug to treat symptoms of an inoperable brain tumor and cancer.
Casias told reporters afterward he was "very grateful to have my day in court."
Michigan voters approved medical marijuana use in 2008. Federal law still prohibits the sale and cultivation of the drug.
Casias' drug test was given after he injured his knee at work last November, but the positive result on the urine test only indicated drug use in recent days or weeks, according to the lawsuit. Casias said the injury had nothing to do with marijuana use; he simply stepped the wrong way.
Wal-Mart said earlier this year that treatment wasn't the relevant issue. The company argued the most important issue is the ability of employees to work safely, and as more states permit such treatments employers have no guidelines except the federal standard.

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  • by jet Location: michigan on Nov 13, 2010 at 03:39 AM
    i think they should stop drug testing for marijuana if it legal.
  • by Marcus Location: Jackson on Nov 12, 2010 at 11:12 PM
    This is starting to be a new trend which is why this needs settled now. Just the other day in the news, companies are starting to fire people for using prescribed, legal painkillers after returning from work related surgeries. There's a war on "tired" driving, a war on mixed energy drinks, a war on using energy pills to stay awake, the economy still needs people working 60-hour weeks on the line, and schools blame the same parents for not caring enough about their kids. In Michigan with a prescription it is legal to use the drug, therefore it should be protected like any other medical condition. If the government's not going to back it's own decision up, then we can go the socialist route and put all those people that need potent drugs to stay working back on the street, and make the companies that fire them foot the bill. If they could find a test for "alcohol" use off-hours plenty of companies would make it mandatory as well. We fire people for being drunk at work what is different?
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