By Melanie Griffith
A federal judge yesterday ruled that Michigan law legalizing medical marijuana allows private businesses from firing people for drug use. U.S. District Judge Robert Jonker made the remark in dismissing a lawsuit against Wal-Mart Stores Inc. Jonker said the law approved in 2008 does not allow authorities from prosecuting people for marijuana use but the private employers are not asked to follow the same.
The 30-year-old Joseph Casias was employed as an inventory-control manager at a Walmart in Battle Creek, 50 miles south of Lansing, but he was fired when he tested positive for marijuana in 2009. Casias is suffering He has an inoperable brain tumor and cancer and he possesses medical-marijuana card, which allows him to smoke pot to alleviate symptoms of these diseases.
Under Casias' theory of the case, "no private employer in Michigan could take any action against an employee based on an employee's use of medical marijuana," Jonker said. "This would create a new protected employee class in Michigan and mark a radical departure from the general rule of at-will employment."
The American Civil Liberties Union has expressed unhappiness over the decision, saying it would appeal. The ACLU represents Casias. "A choice between adequate pain relief and gainful employment is an untenable one that no patient should ever be forced to make," attorney Scott Michelman said.
Wal-Mart has expressed happiness over the decision. "We have to consider the overall safety of our customers and associates, including Mr. Casias," spokesman Greg Rossiter said. "Until further guidance is available, we'll always default to what we believe is the safest environment."
