By Rick Pluta
A medical marijuana user from west Michigan takes his case to the U-S Sixth Circuit Court of Appeals in Cincinnati Wednesday. The man said he was fired after testing positive for marijuana, even though he has a Michigan medical marijuana card.
Joseph Casias said he never used marijuana at work, or showed up for his job at a Walmart in Battle Creek while under the influence of the drug. He was tested following a workplace accident.
Casias said his use of medical marijuana, which is legal under state law, should not have cost him his job. Casius has sinus cancer and a brain tumor, and said using medical marijuana off the job relieves pain and nausea.
He is asking the federal appeals court to let his lawsuit against Walmart go forward. A federal judge threw the lawsuit out of court this past February. He ruled the state's medical marijuana law is a defense against criminal prosecution. But he said it does not preempt employer policies that forbid drug use on or off the job.
The medical marijuana law was approved by Michigan voters in 2008.
Copyright 2010, MPRN
A medical marijuana user from west Michigan takes his case to the U-S Sixth Circuit Court of Appeals in Cincinnati Wednesday. The man said he was fired after testing positive for marijuana, even though he has a Michigan medical marijuana card.
Joseph Casias said he never used marijuana at work, or showed up for his job at a Walmart in Battle Creek while under the influence of the drug. He was tested following a workplace accident.
Casias said his use of medical marijuana, which is legal under state law, should not have cost him his job. Casius has sinus cancer and a brain tumor, and said using medical marijuana off the job relieves pain and nausea.
He is asking the federal appeals court to let his lawsuit against Walmart go forward. A federal judge threw the lawsuit out of court this past February. He ruled the state's medical marijuana law is a defense against criminal prosecution. But he said it does not preempt employer policies that forbid drug use on or off the job.
The medical marijuana law was approved by Michigan voters in 2008.
Copyright 2010, MPRN