MEDICAL MARIJUANA PATIENT FIRED, NOW SUING

Battle Creek Man Taking Wal-Mart to Court

On the steps of the Calhoun County Justice Center, Joseph Casias said
Tuesday it was unfair of his former Battle Creek employer to fire him
for legally using marijuana to treat his chronic pain.

On Casias' behalf, state and national branches of the American Civil
Liberties Union along with St. Joseph attorney Daniel Grow filed a
lawsuit Tuesday morning in Calhoun County Circuit Court against
Wal-Mart Stores Inc. alleging his wrongful termination in November.

Casias, 30, had undergone a routine drug screening after spraining
his knee on the job. He was not under the influence of marijuana at
the time, according to the lawsuit, but the urine screen later
revealed the Calhoun County man had used marijuana sometime in the
previous days or weeks.

He then told his employers he was registered in Michigan to use
marijuana for chronic pain caused by an inoperable brain tumor and
previous sinus cancer treatments, ACLU spokeswoman Rana Elmir said.
At first his bosses told him that was fine, but shortly thereafter
terminated his employment.

"I feel like I'm being treated like a felon," Casias said.

Wal-Mart called it an unfortunate situation but one that impacts its
customer and associates' safety. The Bentonville, Arkansas-based
company issued a statement on the lawsuit Tuesday.

"As more states allow this treatment, employers are left without any
guidelines except the federal standard," the company wrote. "In these
cases, until further guidance is available, we will always default to
what we believe is the safest environment for our associates and customers."

Casias and his attorneys argue Wal-Mart does not have the authority
to overstep Michigan law. The law allows patients with certain
chronic conditions to become registered with the state to grow,
possess and use marijuana or designate a caregiver to help grow the
medicinal plant.

"Wal-Mart is a very large corporation, but it is not above the law,"
ACLU of Michigan staff attorney Daniel Korobkin said.

The law does not protect workers who use the drug while on the job,
but Casias and his attorney said he only used it at home after work.
Casias said prescription painkillers made him nauseous, but marijuana
relaxed him without uncomfortable side effects so that he had energy
to work hard the next day.

"I get up the next morning, I don't feel so bad," he said.

Casias had worked at Battle Creek's Wal-Mart for five years and
during that time was promoted to inventory stock manager. Out of 400
store employees, he was one of two people named Associate of the Year
in 2008, according to his attorneys.

"I feel it is unfair to me and my family," he said.

The husband of 10 years and father of two said he is seeking
financial compensation from Wal-Mart and would like to have his job
back, but doubts that is possible now. He said he is looking for a
job while receiving unemployment benefits, but has no other income.
Wal-Mart dropped initial opposition to his claim for unemployment benefits.

Casias is a sinus cancer survivor who receives checkups every six
months that cost about $5,000 each out of pocket. He lost his health
insurance when he was fired and is concerned about paying for his
continued care.

"I just wish it didn't have to be this way," Casias said.