Wal-Mart's firing of employee for using medical marijuana incites boycott

By Troy Reimink | The Grand Rapids Press

From http://www.mlive.com/

WZZM-TV (Channel 13)

Joseph Casais, 29, was fired from a Battle Creek Wal-Mart for using medical marijuana. He suffers from sinus cancer and an inoperable brain tumor.

Supporters of marijuana law reform are rallying behind 29-year-old Joe Casais, a cancer sufferer and registered medical marijuana user who was fired from his job at Wal-Mart in Battle Creek.

Casais, who had worked at the store for five years and in 2008 was named Associate of the Year, tested positive for marijuana during a worker's compensation screening after he sprained his knee on the job.

Marijuana advocates are calling for a boycott of the chain, and recently a rally took place in support of Casais:

Beyond the immediate fallout from the boycott -- such as a sharp decline in the sale of snack foods -- the story raises questions about how employers are to reconcile their drug policies with laws regarding the use of marijuana, particularly medical marijuana.

Wal-Mart wants no part of it. In a statement, a company spokesman said: "In states, such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen. We believe our policy complies with the law and we support decisions based on the policy."

It may be legal, but is it the right thing to do?

"It's despicable that Wal-Mart would fire such a hardworking and seriously ill employee simply for treating his symptoms with a medicine that he is authorized to use under state law," Karen O'Keefe, director of state policies for the Marijuana Policy Project and lead drafter of Michigan's medical marijuana law, told the Michigan Messenger. "Would Wal-Mart also fire someone for taking doctor-prescribed Percocet, or any of the other legal medications sold in many of Wal-Mart's own stores?"

The American Civil Liberties Union of Michigan also sides with Casais, telling the publication, "It's immoral and it's illegal to fire somebody for treating their disease with a medicine that's legal and recommended by someone's physician."

Wal-Mart also is contesting Casais' unemployment benefits claim since any marijuana use still is a violation of federal law, even if states are allowing it in some cases. The Obama administration said it will not seek to prosecute marijuana users who are in compliance with state law. Michigan legalized medical marijuana in 2008.

What do you think of Wal-Mart's actions here?

Email treimink@grpress.com

Medical Marijuana Now Legal In Michigan, But Rules Unclear

DETROIT — Medical marijuana became legal in Michigan on Thursday, but smoking a joint could still get patients arrested because the regulations needed to protect them won't be ready for months.

The law approved by voters in November allows patients with cancer, HIV, AIDS, glaucoma and other diseases to use marijuana to relieve their symptoms on a doctor's recommendation.

Qualifying patients can register with the state and receive ID cards allowing them to legally acquire, possess, grow, transport and use a limited amount _ no more than 2.5 ounces and 12 plants _ of marijuana. They also can designate a primary caregiver to receive similar protection.

But those cards won't be issued until the Department of Community Health introduces guidelines addressing how applications will be handled, what fees will be charged and other issues. The rules must be finalized by April 4.

Until then, anyone possessing marijuana _ even patients who could later qualify for the program _ can be arrested and prosecuted, though the law allows patients to use a medical-justification defense at trial.

"We have this void where this takes effect now, but there are no rules, regulations or guidance for the people who want to use it or the people who enforce the laws," said Jim Valentine, chief of police in Lowell and first vice president of the Michigan Association of Chiefs of Police.

Officers in Lowell will arrest marijuana users even if they claim to be patients awaiting cards, Valentine said. He said he'll let the prosecutor decide whether to pursue charges.

BEN LEUBSDORF |

A medical-marijuana program nearly identical to Michigan's was implemented without major incident in Rhode Island in 2006, said Charles Alexandre, who oversees the program as chief of health professions regulation in Rhode Island's Department of Health. That state also had a period where the law went into effect before the regulations were in place, and patients simply had to wait until the rules were in order.

"It's been very quiet," Alexandre said.

Michigan is the 13th state to allow medicinal use of marijuana, though the state's law doesn't address how patients can obtain it. It's illegal to sell marijuana, even to registered patients. That's also the case in several other states.

Police in Michigan say they want guidance on the issue, and some experts said the Legislature may have to intervene if that or any other aspect of the program becomes a problem.