Pubdate: Wed, 19 Sep 2012
Source: Grand Rapids Press (MI)
Copyright: 2012 Grand Rapids Press
Contact:  http://www.mlive.com/grand-rapids/
Details: http://www.mapinc.org/media/171
Author: John Agar

MEDICAL MARIJUANA LAW NO PROTECTION FOR FIRED BATTLE CREEK WALMART 
WORKER, APPEALS COURT SAYS

GRAND RAPIDS, MI - The firing of a former Battle Creek Walmart 
worker, who was dismissed for failing a drug test but claimed he 
should be exempt because of Michigan's medical marijuana law, has 
been upheld by a federal appeals court that ruled the provision 
doesn't cover private business decisions.

The medical marijuana law "does not regulate private employment," the 
Sixth Circuit Court of Appeals panel said in a ruling issued Wednesday.

Joseph Casias, who has an inoperable brain tumor, was fired by the 
Walmart store in Battle Creek after he failed the drug test. He sued, 
but the case was dismissed by U.S. District Judge Robert Jonker.

Jonker earlier ruled that the fundamental problem with (Casias') case 
is that the (medical marijuana law) does not regulate private employment.

"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."

Casias worked for Walmart from November 2004 until November 2009. He 
was fired for testing positive for marijuana despite the fact that he 
said he never used the substance at work.

The man's oncologist recommended he try marijuana after the law took 
effect in 2008. Casias found that it reduced pain as well as side 
effects of other medication.

The appeals panel, however, agreed with Jonker's previous ruling. 
"The district court held that the (medical marijuana law) did not 
regulate private employment but that the statute could potentially 
provide a defense to criminal prosecution ... .

"The district court concluded, therefore, that private employees are 
not protected from disciplinary action as a result of their use of 
medical marijuana, nor are private employers required to accommodate 
the use of medical marijuana in the workplace. In rendering its 
decision, the district court explained that Michigan voters could not 
have intended such consequences and that accepting plaintiff's 
argument would create a new category of protected workers which would 
'mark a radical departure from the general rule of at-will employment 
in Michigan.'"

Casias' attorneys insisted his firing undermined the medical marijuana law.
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MAP posted-by: Jay Bergstrom