Michigan Medical Marijuana User Fired by Wal-Mart

A Wal-Mart employee injured on the job was fired after testing positive for marijuana use, even though he was legally allowed to use the drug medically in Michigan.

MSNBC reported March 17 that Joseph Casais, 29, used marijuana to ease the pain caused by sinus cancer and an inoperable brain tumor. The drug was prescribed by his doctor.

A former Wal-Mart Associate of the Year, Casais was fired after injuring his knee at work and a post-accident drug test revealed marijuana use. Casais said he never used the drug at work or came to work high.

Michigan’s medical-marijuana law does offer some protection to workers like Casais. “You can’t discriminate against a person if you have a medical marijuana card, and if they use it for medicinal purposes,” said James McCurtis, a spokesman for Michigan’s Department of Community Health.

Wal-Mart officials expressed sympathy for Casais but said that safety concerns prompted the firing.

Employment-law expert Richard Meneghello of the Portland, Ore., firm Fisher & Phillips said state medical-marijuana laws put employers in a tough spot. If companies make allowances for medical use of the drug and a worker injures a customer, the employer could be open to liability.

For that reason, most companies choose to fire workers who test positive for marijuana. Still, Casais may have some recourse in the courts because Michigan’s medical-marijuana law provides more workplace protection than those in other states. Casais has contact the Michigan Department of Civil Rights over the firing.