ACLU'S WRONGFUL TERMINATION SUIT AGAINST WAL-MART HIGHLIGHTS MEDICAL
MARIJUANA PATIENT DISCRIMINATION

Earlier this week in Michigan, the ACLU filed a lawsuit against
Wal-Mart that has significant implications for the thousands of
seriously ill Americans across the country who legally use medical
marijuana under state law, but still face employer discrimination
because of the continued stigma attached to the medicine that brings
them relief.

The plaintiff in the case is Joseph Casias, a 30-year-old married
father of two, who was wrongfully fired from his job at a Battle
Creek, Mich., Wal-Mart after he tested positive for marijuana
following a drug screen.

I emphasize the word "wrongfully," because Casias is a legal,
registered medical marijuana patient in Michigan; he takes marijuana
on the recommendation of his oncologist to help relieve the effects
of sinus cancer and an inoperable brain tumor that was the size of a
softball when diagnosed.

This treatment--which Casias says relieves his symptoms more
effectively than, and without any of the side effects caused by, his
previous medication--became a legal option for Casias in 2008, after
Michigan voters overwhelmingly approved a medical marijuana law that
was drafted and sponsored by the Marijuana Policy Project. In
accordance with that law, Casias never used marijuana while on the
job, nor did he ever work under the influence of marijuana.

In fact, during his time at Wal-Mart, Casias was able to rise from an
entry-level stocking position to a managerial role, and along the way
was named the store's 2008 Associate of the Year.

But Casias's diligence meant nothing to Wal-Mart. In clear violation
of Michigan's voter-approved law, which states that medical marijuana
patients "shall not be subject to ... [any] penalty in any manner, or
denied any right or privilege, including but not limited to civil
penalty or disciplinary action by a business," Wal-Mart fired Casias
simply because he had marijuana metabolites in his system, which says
nothing about whether he was under the influence of marijuana at the
time. Wal-Mart even had the temerity to challenge his unemployment
benefits, though they retracted their opposition and issued a hollow
statement calling the situation "unfortunate" after a barrage of
protests that followed MPP's call for a nationwide boycott.

The Casias case will have great significance not only for Joseph's
own life and livelihood but also for thousands of patients around the
country in the 14 states and the District of Columbia where medical
marijuana is legal.

All too often, even after state law and a physician sanction a
patient's use of marijuana -- a legitimate and safe medicine backed
by countless studies, medical professionals, and public health groups
- -- employers still punish them for it. But no patient should be
forced to choose between adequate pain relief and gainful employment,
and no employer should be allowed to intrude upon private medical
choices made by employees in consultation with their doctors.

Imagine, for a moment, if employees were similarly reprimanded for
having any other legal medication in their system.

Surely Wal-Mart wouldn't fire someone for following their doctor's
advice to take, during after-work hours, any of the prescription
painkillers sold daily in Wal-Marts all over the country, the
majority of which carry far more harmful risks than marijuana.

Yet that's essentially what happened to Casias. He was punished for
following his doctor's advice to take a legal drug that provided him relief.

And sadly, that same injustice has affected untold numbers of legal
medical marijuana patients across the country, the majority of whom
remain silent about their experiences because they fear compromising
their chances at future employment.

An investigation earlier this year by The Denver Post revealed
stories about school teachers, HR employees, and government workers
who lost their jobs not because of any performance problems, but
because they were medical marijuana patients.

While the language of laws vary from state to state--Michigan's
employee protection is one of the clearest, while others, like
Colorado's, specify that employers are not required to accommodate
medical marijuana use--the problem remains the same. Reliable workers
are losing their jobs because the medicine they take is held to a
different standard than other medications. In essence, this creates a
new underclass of people and discriminates against them for trying to
lead normal lives. That is, until the courts affirm a patient's right
to treat his or her condition in any law-abiding way that they and
their doctor see fit--and still remain gainfully employed.

The need for such patient protection will become only more urgent as
time goes on: in 2010 alone, more than a dozen new states considered
medical marijuana legislation. That's because it's becoming harder
and harder for officials to deny the mounting body of evidence
confirming that, for many conditions, marijuana is safe and effective medicine.

Medical marijuana patients already face enough challenges trying to
treat often life-threatening illnesses, such as cancer, AIDS, and
multiple sclerosis.

They shouldn't have to worry about their jobs as well.