Fri, Apr 29, 2011 1:21 pm
In November 2009 Joseph Casias was fired by Wal-Mart for testing positive for marijuana, which he uses legally to manage pain resulting from sinus cancer and an inoperable brain tumor.
Even though Casias is a legal medical marijuana patient in Michigan, Wal-Mart refused to rehire their former Associate of the Year.
Last summer the ACLU (American Civil Liberties Union) filed a suit against the company on Mr. Casias’ behalf, stating at the time, “No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be allowed to intrude upon the private medical choices made by employees in consolation with their doctors.”
The lawsuit against Wal-Mart stoked a debate over how employers should handle legal medical marijuana patients. However, in February, 2011, Casias’ suit was dismissed by a U.S. District Judge who ruled that Michigan’s law only protects patients from arrest, but fails to regulate private companies’ drug policies.
But the ACLU is not giving up. On Wednesday, The American Civil Liberties Union asked a federal appeals court to re-instate Casias’ lawsuit against Wal-Mart, stating, “The lower court’s ruling failed to uphold the will of Michigan voters, who clearly wanted to protect medical marijuana and facilitate its use by very sick people like Joseph Casias.”
Executive Director of ACLU Michigan Kary L. Moss believes, “This appeal is an important development for patients who use marijuana as prescribed by a doctor in the 15 states and the District of Columbia where laws provide protections for them … Patients across the country who rely on this medication for pain relief are watching this case.”
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