Medical Marijuana: ACLU Sues Wal-Mart for Firing Patient
Posted by gestroud Wednesday, July 14, 2010 | 4 views
The American Civil Liberties Union (ACLU) has filed a lawsuit against retail giant Wal-Mart for firing an employee who used medical marijuana. The lawsuit argues that firing an employee for lawfully using medical marijuana violates the provisions of the 2009 Michigan Medical Marijuana Act.
Joseph Casias, 30, is a cancer patient who began using medical marijuana on his oncologist’s recommendation. Although he had been named Associate of the Year at the Battle Creek Wal-Mart in 2008 and had an exemplary employment record with the store, Casias was fired after taking a company-required drug test when he injured his knee at work.
“Wal-Mart made him pay a stiff and unfair price for his medicine,” said Scott Michelman, staff attorney with the ACLU Drug Law Reform Project. It isn’t fair that any “patient should have to choose between adequate pain relief and gainful employment,” he said. “And no employer should be allowed to intrude upon private medical choices made by employees in consultation with their doctors.”
Wal-Mart officials said it defers to federal standards in cases where the law is unclear. Michigan is an at-will employment state, meaning employers can fire an employee for any reason except those barred by federal law, such as discrimination on the basis of race, ethnicity, gender, or religion. The ACLU will argue that Casias’ firing amounts to medical discrimination.
More than 20,000 Michigan residents are registered medical marijuana patients. The case could have broad implications, not only in Michigan, but in other medical marijuana states that are grappling with the issue.
Source: Drug War Chronicle
Photo: mjb84
Tags:
ACLU, american civil liberties union, cancer patient, Drug Law Reform Project, Joseph Casias, Marijuana, medical marijuana, medical marijuana act, Scott Michelman, Wal Mart, Walmart Worker Fired Smoking Medical Marijuana
(No Ratings Yet)
Loading ...Leave a Reply
FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, and so on. It is believed that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond "fair use," you must obtain permission from the copyright owner.
The material in this site is provided for educational and informational purposes only, and is not intended to be a substitute for a health care provider's consultation. Please consult your own appropriate health care provider about the applicability of any opinions or recommendations with respect to your own symptoms or medical conditions. The information on this site does not constitute legal or technical advice.
(4.50 out of 5)
