Walmart fires Battle Creek employee for using medical marijuana

Walmart is facing criticism, legal action and a boycott call over a decision to fire a 29-year-old employee of its Battle Creek store for using medical marijuana.

The story broke last week on Kalamazoo based news station WWMT, and Grand Rapids television station WZZM also reported on it. According to the The WZZM report, Joseph Casias tested positive for marijuana during a routine worker’s compensation drug screen. Casias had worked for the Arkansas based chain for five years, and was the Battle Creek store’s Associate of the Year in 2008. Casias has sinus cancer, which is currently in remission, and an inoperable brain tumor. To treat the pain caused by both diseases, his doctor recommended he use marijuana.

“It helps tremendously,” he told WZZM about the marijuana. “I only use it to stop the pain. To make me feel more comfortable and active as a person.”

But his tenure at Walmart came to a screeching halt in November when Casias sprained his knee at work. He was treated under worker’s compensation rules, and submitted to a drug screen — which came back positive. He was fired by Walmart, even though he has registered with the state and carries a medical marijuana card.

Walmart told WZZM their action was legal, and that they were going to challenge Casias’ unemployment benefits claim. Walmart claims the federal government prohibits medical marijuana and that is why the firing is legal.

Not so fast, says the ACLU of Michigan.

“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,” ACLU Michigan Staff Attorney Dan Korobkin tells Michigan Messenger. “Walmart is on the wrong side of this issue and I think it is only a matter of time before they realize that. I hope so anyway.”

Korobkin says the feds have announced they will not enforce federal marijuana laws in states that have legalized it for medicinal purposes — so long as the person is following the state law. He also notes that in order for a business to challenge unemployment benefits, it must prove the employee was fired for cause. In other words, Walmart has to prove Casias was fired for breaking the law or failing to do his job.

And it’s not just the ACLU of Michigan that is raising a voice on the issue.

The Marijuana Policy Project, based in Washington, D.C. on Tuesday called for a nationwide boycott of the chain.

“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,” said Karen O’Keefe, director of state policies for the Marijuana Policy Project and lead drafter of Michigan’s medical marijuana law. “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?”

Medical marijuana was approved by Michigan voters in 2008.