WalMart fires medical marijuana patient - 3/11/10

[Quietus]

WalMart fires medical marijuana patient

BATTLE CREEK, Mich. (WZZM) - Now that medical marijuana is legal in Michigan, can an employer fire a worker who tests positive for the drug?

WalMart says it can, so it did.

"I was terminated because I failed a drug screening," says former WalMart employee Joseph Casias.

In 2008, Casias was the Associate Of The Year at the WalMart store in Battle Creek, despite suffering from sinus cancer and an inoperable brain tumor.

At his doctor's recommendation, Casias says he legally uses medical marijuana to ease his pain.

"It helps tremendously," he says. "I only use it to stop the pain. To make me feel more comfortable and active as a person."

During his five years at WalMart, Casias says he went to work every day, determined to be the best.

"I gave them everything," he says. "110 percent every day. Anything they asked me to do I did. More than they asked me to do. 12 to 14 hours a day."

But last November, Casias sprained his knee at work. Marijuana was detected in his system during the routine drug screening that follows all workplace injuries. Casias showed WalMart managers his state medical marijuana card, but he was fired anyway.

"I was told they do not accept or honor my medical marijuana card," says Casias.

In an e-mail from headquarters, WalMart spokesman Greg Rossiter explained the company policy.  It states: "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."

Casias says he never used marijuana before work.

"No, I never came to work under the influence, never," he says. "I don't think it's fair. Because I have a medical condition I can't work and provide for my family?"

Casias has been collecting unemployment compensation since he was fired in November but this week he says he was notified WalMart is challenging his eligibility for benefits.

"It's not fair," he says.

http://www.wzzm13.com/news/news_story.aspx?storyid=119421&catid=14

[Pallidus127]

..... and it begins.

[wyldspirit]

       Being this is WalMart, I'm not surprised. This is the same company that forced employees to work off the clock when overtime was imminent and also used to lock the night shift into their buildings to avoid theft. I really feel bad for this poor guy, those corprate bastards are heartless.

[Quietus]

http://www.legislature.mi.gov/(S(vfhtu455eodrvd45gvpccu45))/mileg.aspx?page=GetObject&objectname=mcl-333-26424

4. Protections for the Medical Use of Marihuana.

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

Interestingly, the michigan medical marijuana law appears to provide protection for these circumstances.  Walmart is therefore in clear violation of state law.  I predict a quick settlement once the guy gets a lawyer.  Hopefully someone from NORML will step up pro-bono.

[cjdoy]

walmart uses a urine test. A urine test does not check for THC in the system, it tests for  what is called METABOLITES, a byproduct of THC that your body produces after smoking/consuming the harmless plant. The presence of METABOLITES in your urine only means that the "drug" was ultilized within the past several weeks at best. The urine test DOES NOT PINPOINT the usage of said weed to the time of the test.  THE URINE TEST IS BOGUS FOR CANNABIS!!!!!!!!!!!!!

[anonymous professional]

Here's a petition to sign:

http://criminaljustice.change.org/actions/view/stop_walmart_from_firing_cancer_patients_for_using_medical_marijuana

[DoctorK]

For as long as there is a stigma associated with medical marijuana, there will be all kinds of unfavorable consequences. We should remember that medical marijuana is effective in a wide variety of medical conditions, and any claims that it is not effective is nonsense. I have an unfavorable "pseudo-exfoliative" glaucoma where normal eye pressures are notoriously difficult to maintain, the same kind that caused my father lose his vision 15 years ago, but my eye pressure has remained normal (10 and 13 mm of mercury), and today I finally "came out of the closet" to my eye doctor with regards to my self-medicating in addition to traditional medicine. Unfortunately, medical marijuana is still not legal in PA, but we are working on it. Medical marijuana is effective for a number of other serious conditions, and at the same time it is not associated with either physical withdrawal or fatal overdoses. Controlled prescription drugs are notorious for their propensity to cause an overdose, just look at the case of Corey Haim and many others, but some people just absolutely refuse to recognize obvious facts. What Walmart did was an outrage, and I am boycotting Walmart stores as a result. What we need is the legal medical marijuana in all 50 States!!

[badd302]

  I always knew there was a reason i did not like Walmart.  There is rumor that they use the "mills" for their store, paying people low wages and bad working conditions, yet they have the nerve to fire a worker for using what is medically prescribed to him.  Would they do that if it were Percocets?  Probably not.  We should all boycott the Walmart that did this to that fella.  Get them right where it hurts, in their bank account.  LOL.