Pubdate: Wed, 23 Feb 2011
Source: Metro Times (Detroit, MI)
Column: Higher Ground
Copyright: 2011 Metro Times, Inc
Contact:  http://www.metrotimes.com
Details: http://www.mapinc.org/media/1381
Author: Larry Gabriel
Referenced: The Casias ruling http://mapinc.org/url/SM3fuJGM
Referenced: The law http://drugsense.org/url/8mvr7sW8
Referenced: The MPP Poll http://mapinc.org/url/5hHhhAeV
Referenced: 
http://www.michigandems.com/2011StateConventionResolutions-Final.pdf
Bookmark: http://www.mapinc.org/people/Joseph+Casias
Bookmark: http://www.mapinc.org/topic/ACLU
Bookmark: http://www.mapinc.org/people/Jessica+Cooper
Bookmark: http://www.mapinc.org/people/Bill+Schuette
Bookmark: http://www.mapinc.org/people/Jeffrey+Miron

WAL-MART WINS A ROUND

Judge Rules Private Employers Can Fire Medical Marijuana Patients

Well the first shoe has dropped on a high-profile medical marijuana 
case and it made a big, ugly clunk to the ears of activists. U.S. 
District Judge Robert Jonker ruled in favor of Wal-Mart and threw out 
the reinstatement suit brought by Joseph Casias.

Casias, a brain cancer patient who lives in Battle Creek, was fired 
by Wal-Mart after he tested positive for marijuana use. Casias is a 
registered medical marijuana patient who contends that he never went 
to work high. Wal-Mart's policy does not condone the use of marijuana 
for any reason. The judge concurred.

"The fundamental problem with [Casias'] case is that the [medical 
marijuana law] does not regulate private employment," Jonker wrote in 
a 20-page opinion issued Feb. 11 "Rather, the Act provides a 
potential defense to criminal prosecution or other adverse action by 
the state. .. All the [law] does is give some people limited 
protection from prosecution by the state, or from other adverse state 
action in carefully limited medical marijuana situations."

He ruled that the law "says nothing about private employment rights. 
Nowhere does the [law] state that the statute regulates private 
employment, that private employees are protected from disciplinary 
action should they use medical marijuana, or that private employers 
must accommodate the use of medical marijuana outside of the workplace."

Casias is appealing the decision in the U.S. Court of Appeals for the 
Sixth Circuit. He's asking for reinstatement to his position, 
compensation for loss of wages and something known as "exemplary 
damages," which is similar to but not the same as punitive damages. 
Suffice to say that the wheels of justice will move excruciatingly 
slow as they do in the appeals stage of cases.

"This is very tough for Joseph and his family because he hasn't been 
able to find work since he was terminated by Wal-Mart; this hasn't 
been easy on him," says Dan Korobkin, a staff attorney for the ACLU 
of Michigan, part of Casias' legal team. "He's been in it for the 
long haul ever since we started this case. He understands that this 
is not just about him but about thousands of medical marijuana 
patients around the state. ...

"This is a case about whether a medical marijuana patient has to 
choose between making a living and supporting a family, while 
treating a medical condition and pain based on the advice of a 
doctor. When the law was enacted, citizens said you shouldn't have to 
make that choice."

This is an important case that could set a precedent that 
reverberates across the state, and possibly the nation.

Anecdotal comments have been appearing in news stories from people 
saying things like, "When I voted for the Michigan Medical Marihuana 
Act I thought it was going to be for people really sick with cancer 
and multiple sclerosis, but I'm having second thoughts now that I'm 
seeing everybody with a headache or a hangnail getting medical 
marijuana cards." There are some people thinking that out there, but 
the vast majority of Michigan voters still support the MMMA, 
according to a recent poll done by the Marketing Resource Group of 
Lansing and funded by the National Marijuana Policy Project.

The late January poll of 600 likely voters found 61 percent said they 
would vote in favor of medical marijuana again. The MMMA passed in 
2008 with 62.6 percent of the vote. The poll, with a four percent 
margin of error, shows no real change. So whoever those folks who 
seem to have changed their minds are, they are a definite minority.

A few columns back, I wrote that medical marijuana does not seem to 
be a partisan political issue in Michigan. And indeed, some 
regulate-and-tax Republicans would take marijuana even further toward 
legalization. But the Michigan Democratic Party may yet find the 
partisan divide on the issue. At their state convention a couple of 
weeks ago, Democrats passed the Beatrice Solomon Patient and 
Caregiver Protection Resolution in support of the MMMA. The 
resolution does nothing other than affirm the party's support for the 
law, but it adds to the palette of issues for candidates to run on in 
future elections. However there were some interesting whereas 
statements in the text of the resolution. For instance, it reads: 
"Whereas, 418,208 people of Oakland County voted to allow seriously 
ill people to use Marijuana in 2008 or 66 percent of the voters."

Could they be sending a message to Oakland County Prosecutor Jessica 
Cooper that voters in her county supported the MMMA by an even higher 
margin than statewide. Oakland County has aggressively gone after 
medical marijuana facilities that it claims were operating as 
dispensaries. The issue of dispensaries, facilities that sell medical 
marijuana to card-carrying patients outside of the patient-caregiver 
relationship, was not addressed in the MMMA and therefore, some 
contend, dispensaries are illegal.

Another curious statement in the resolution says: "Whereas the 
Michigan Medical Marijuana Amendment got 1,113,986 more votes than 
Governor Rick Snyder and 1,357,597 more votes than Attorney General 
Bill Schuette in the 2010 election. Whereas the turnout of the 2010 
election was 2,763,309 voters lower than the 2008 election."

Are the Democrats trying to let the current Republican administration 
know there is a sleeping giant out there? Gov. Snyder may be able to 
anger retirees by taxing their pensions but don't piss of the 
marijuana users. Attorney General Bill Schuette was an active 
opponent of the MMMA before the 2008 election and has made no bones 
about his continued opposition to it.

Finally it could be interpreted that the Dems support marijuana 
dispensaries in saying: "Whereas, not all patients are able to grow 
their own medicine, nor are all caregivers able to grow medicine for 
their own patients, we believe that people who are authorized to 
possesses medical marijuana should be able to transfer legally 
cultivated incidental overages to other caregivers or patients who 
are legally authorized to be in possession and who are fully 
compliant with all of the restrictions and or limitations outlined in 
the Michigan Medical Marijuana Constitutional Amendment approved in 2008."

It's likely the Dems, in the wake of a state Republican landslide in 
November, want to curry favor with the electorate and remind them 
that they are on the same side of a very popular issue. That's nice. 
But to really show their oysters, they need to make a legislative 
move to shore up the MMMA and make some noise about hemp. In the hard 
economic times we live in, and with the state stripping every expense 
imaginable, it seems the economic innovation of hemp could be a big 
part of a turnaround.

Some economists believe that even without hemp, marijuana itself 
could give us an economic boost. I just came across this 2005 paper 
by Jeffrey Miron, a visiting professor of economics at Harvard that 
was endorsed by 530 economists including three Nobel laureates. 
Miron's published report reads: "Replacing marijuana prohibition with 
a system of legal regulation would save approximately $7.7 billion in 
government expenditures on prohibition enforcement - $2.4 billion at 
the federal level and $5.3 billion at the state and local levels. ... 
Revenue from taxation of marijuana sales would range from $2.4 
billion per year if marijuana were taxed like ordinary consumer goods 
to $6.2 billion if it were taxed like alcohol or tobacco."  
- ---
MAP posted-by: Richard Lake