MEDICAL POT SUIT COULD BE TRIAL CASE

Man Was Fired From Wal-Mart After Testing Positive for Drug

A Battle Creek man who legally uses marijuana for medicinal purposes
is suing Wal-Mart for firing him after he tested positive for
marijuana during a drug test.

The lawsuit was filed Tuesday in Calhoun County Circuit Court by the
American Civil Liberties Union, its Michigan affiliate and the law
firm of Daniel Grow, based in St. Joseph, on behalf of Joseph Casias,
30, who has an inoperable brain tumor and is in remission for sinus
cancer. He said he uses marijuana at night to alleviate pain.

"It's very unfair that I was fired," Casias said. "I hope that this
doesn't happen to other medical marijuana patients across the state."

As of Friday, the Michigan Department of Community Health has
approved issuing medical marijuana cards to 20,548 patients and 8,905
caregivers, said Melanie Brim, director of the bureau of health
professions within the department.

In 2008, Michigan voters approved medical marijuana use.

According to the suit, the Michigan Medical Marihuana Act "protects
employees from being disciplined for their use of medical marihuana"
in accordance with the law.

The law also says nothing in the act shall be construed to require
"an employer to accommodate the ingestion of marihuana in any
workplace or any employee working while under the influence of marihuana."

The lawsuit says Casias never ingested marijuana at work and never
worked while under the influence.

Brim and Dan Korobkin, a staff attorney with the ACLU of Michigan,
said that, to their knowledge, this is the first lawsuit of its kind
in Michigan.

"This is a path-breaking case to protect all of the patients in
Michigan, whose rights are now protected by Michigan law," Korobkin said.

In November 2009, Casias -- who was issued a registry card from the
state in 2009 -- twisted his knee at work. According to the suit, the
next day he had trouble walking, was treated and given a drug test.

Though Casias showed a store manager his card, he was ultimately
fired for testing positive for the drug, the lawsuit says.

A Wal-Mart statement said the situation was "unfortunate."

"The issue is about the ability of our associates to do their jobs
safely," the statement said. "As more states allow this treatment,
employers are left without any guidelines except the federal standard."

Marijuana possession is still illegal under federal law.