The ACLU is suing Walmart for wrongful termination on behalf of a Michigan man who was fired for using medical marijuana in full compliance with state law. The plaintiff, Joseph Casias, was fired by the retail giant’s Battle Creek store for testing positive on a drug test despite the fact that he was a registered and approved medical marijuana user under state law.
In a press release, the ACLU said:
“Joseph is exactly the kind of person whom Michigan voters had in mind when they passed the state’s medical marijuana law,” said Daniel W. Grow, a St. Joseph, Michigan-based attorney. “Medical marijuana is legal in this state because voters recognized its ability to alleviate the pain, nausea and other symptoms associated with debilitating medical conditions, and no corporation doing business in Michigan should be permitted to flout state law.”
Michigan’s medical marijuana law protects patients registered with the state of Michigan from “arrest, prosecution, or penalty in any manner” for the use of medicinal marijuana as prescribed by a doctor and also protects employees from being disciplined for their use of medical marijuana in accordance with the law. The law does not require employers to accommodate the ingestion of marijuana in the workplace and does not protect employees who work under the influence of the drug.
Casias, who was named Associate of the Year at his store in 2008 as the inventory control manager, undergoes chemotherapy and the marijuana helps cure the resulting nausea and has helped him regain weight lost due to the treatment.