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ghostdancer


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Walmart and MI's Medical Marijuana Law
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I wondered how long it would be before a company fired a MI medical marijuana user who happened to test positive on a drug test.  This should be an interesting test case in our courts.

Wal-Mart's firing of employee for using medical marijuana incites boycott

By Troy Reimink | The Grand Rapids Press

March 16, 2010, 5:40PM
Supporters of marijuana law reform are rallying behind 29-year-old Joe Casais, a cancer sufferer and registered medical marijuana user who was fired from his job at Wal-Mart in Battle Creek.

Casais, who had worked at the store for five years and in 2008 was named Associate of the Year, tested positive for marijuana during a worker's compensation screening after he sprained his knee on the job.

Marijuana advocates are calling for a boycott of the chain, and recently a rally took place in support of Casais:

Beyond the immediate fallout from the boycott -- such as a sharp decline in the sale of snack foods -- the story raises questions about how employers are to reconcile their drug policies with laws regarding the use of marijuana, particularly medical marijuana.

Wal-Mart wants no part of it. In a statement, a company spokesman said: "In states, such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen. We believe our policy complies with the law and we support decisions based on the policy."

It may be legal, but is it the right thing to do?

"It's despicable that Wal-Mart would fire such a hardworking and seriously ill employee simply for treating his symptoms with a medicine that he is authorized to use under state law," Karen O'Keefe, director of state policies for the Marijuana Policy Project and lead drafter of Michigan's medical marijuana law, told the Michigan Messenger. "Would Wal-Mart also fire someone for taking doctor-prescribed Percocet, or any of the other legal medications sold in many of Wal-Mart's own stores?"

The American Civil Liberties Union of Michigan also sides with Casais, telling the publication, "It's immoral and it's illegal to fire somebody for treating their disease with a medicine that's legal and recommended by someone's physician."

Wal-Mart also is contesting Casais' unemployment benefits claim since any marijuana use still is a violation of federal law, even if states are allowing it in some cases. The Obama administration said it will not seek to prosecute marijuana users who are in compliance with state law. Michigan legalized medical marijuana in 2008.

What do you think of Wal-Mart's actions here?



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WebGuy


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"Beyond the immediate fallout from the boycott -- such as a sharp decline in the sale of snack foods -- the story...."

So the fallout from the boycott regarding the marijuana user was a decline in snack food sales?

laughing.gif




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Mad Mema


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Walmart is just flat wrong here. Its not as if they cannot validate his reasoning for having that substance in his system. As the story states, they would not fire him for using any other medication that he is prescribed by his doctor. I'm thinking that this one will end up being a massive lawsuit since medical marijuana is legal in the state.

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ghostdancer


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WebGuy wrote:


"Beyond the immediate fallout from the boycott -- such as a sharp decline in the sale of snack foods -- the story...."

So the fallout from the boycott regarding the marijuana user was a decline in snack food sales?

laughing.gif


This is a comment that was posted at the end of the story:

"At the risk of sounding callous, is it really any surprise that the first casualty of a marijuana users' boycott would be in the munchie aisle?"

laughing.gif

 



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ghostdancer


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Mad Mema wrote:

Walmart is just flat wrong here. Its not as if they cannot validate his reasoning for having that substance in his system. As the story states, they would not fire him for using any other medication that he is prescribed by his doctor. I'm thinking that this one will end up being a massive lawsuit since medical marijuana is legal in the state.



I think so too Mema.  There are going to be other lawsuits filed also regarding "busts" that have been made on people that are legally growing it for their own use.  One guy was growing a 8 plants outside in a locked, high chain link fenced area and he got busted.  Cops said it was visible to the neighbors.  Law says you can legally grow it outside if the area is secured and you aren't growing more than 12 plants. 

 



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WebGuy


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I suspect this is more about policy than the individual. I suspect their policy likely states that any employee who tests positive will be fired, and that the policy simply doesn't allow for every possible circumstance or situation.

To be fair, they had to act according to the current company policy that is in place . . . even if that policy needs to be updated or corrected.




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ghostdancer


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That's the thing Web; almost any place you work at nowdays can do random drug testing with immediate firing if an employee tests positive.  I haven't heard of a single company or place of business in MI that has re-written the drug testing policies since this law was passed.

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confuzzed


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If it stays in state court he may be okay. If it goes to federal court, which I am sure WalMart would want if it goes this far, he will lose. As additional plus, it looks like WalMart also won't have to pay worker's comp since they fired him. :/

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ghostdancer


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That's true Fuzzy.  According to federal law it's still against the law to use it, even if the President says he won't prosecute.  He's not a sitting judge in a federal court, therefore, unless some federal laws are changed there's not much he can do about it.  Except maybe pardon the ones who get locked up.

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murscclub


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Interesting story.  Looks like I agree with most everyone here that technically Wal-Mart is right, but morally they are dead wrong.  It makes me sick everytime I see a story like this where the decision is all about the bottom line or following the rules to the T, with no ounce of human consideration or compassion involved at all from corporate America/Wall Street.  They step all over us, but without us common folk they wouldn;t exist, as Moving Pictures points out in their classic 80s song 'What about Me?'.

no for the story

but biggrin for the 80s song!!



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