Joseph Casias of Battle Creek, who uses marijuana for medicinal purposes, is suing Wal- Mart for firing him after he injured himself at work, received treatment and tested positive for marijuana during a drug test. Read our previous post on this story here
At the recommendation of his oncologist, Casias applied with the state so he could legally use marijuana. In June 2009, he received his card from the Michigan Department of Community Health.
A lawsuit was filed in Calhoun County Circuit Court this week by the American Civil Liberties Union (ACLU), in partnership with a law firm, on behalf of Casias, 30, who has an inoperable brain tumor and is in remission for sinus cancer, and uses marijuana to alleviate his pain.
According to the lawsuit, the Michigan Medical Marihuana Act, “protects employees from being disciplined for their use of medical marihuana” in accordance with the law. Dan Korobkin, a staff attorney with the ACLU of Michigan, said that Casias only uses the drug at night and never used it at work or came to work under the influence.
Though Casias showed a store manager his card indicating he could legally use marijuana under state law, he was ultimately fired for testing positive for the drug, the lawsuit says. Wal- Mart released a statement Tuesday calling the situation “unfortunate” and stating that they are “sympathetic” to Mr. Casias’ condition”.
There is nothing about Wal-Mart that is sympathetic. But, the company is right, this is an unfortunate situation. Joseph Casis had to fight sinus cancer and now is currently fighting for his life due to an inoperable brain tumor. Now he has to add Wal-Mart to that list, and fight for his legal right to use medical marijuana. Wal-Mart should be ashamed.
If you have been charged with a marijuana offense or need information on becoming medical marijuana patient or caregiver contact:
Samantha@ambroselawgroup.com or call (248) 624-5500