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Medical Marijuana Case Could Affect Michigan Labor Laws

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Battle Creek, MIThe lawsuit filed by a man fired from Wal-Mart for using medical marijuana could have serious ramifications for Michigan employment law.

Joseph Casias legally uses marijuana for medical purposes under Michigan's laws, but was recently fired from Wal-Mart after testing positive for the drug, according to the Detroit Free Press. The 30-year-old Casias responded by filing a lawsuit in Calhoun County Circuit Court.

Kurt McCammon, a lawyer who specializes in employment law, told the news source that the case may help determine whether "an employer in the state of Michigan is required to permit an employee to use medical marijuana outside the workplace and then come into the workplace with some levels of marijuana in their system."

The Michigan Department of Civil Rights is currently investigating two claims from people who were not hired after disclosing their use of medical marijuana to their prospective employers. According to Harold Core, a spokesman for the department, the state's disability act says that employers can establish hiring policies based on illegal drug use, but it is unclear whether that applies to legal medical use of marijuana.

"It's new legislation," Core told the news provider. "It's still kind of murky."

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READER COMMENTS


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kind of murky??? So anyone oppesed to this because it is medically provided by a doctor for reasons only known to the patient and doctor, to say or even think that it should be still considered a "illegal" drug, even after the voters in this great state of Michigan passed by more than 60% back in 2008, is discrimenation at best. The Michigan law makes it legal under a doctors care, just as say high blood pressure medicine, thyroid medicine, vicodine or any other pain killer perscribed by a doctor is. So why the big stink about it? Political reasons only and lack of knowledge from those who oppose its use under medical conditions. You all need to read the law over and over again, maybe you will actually read the part in the law that states: under sec.4. Protections for the Medical Use of Marihuna. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of Marihuna in accordance with this act, provided that the qualifying patient possesses an amount of marihuna that does not exceed 2.5 ounces of usable marihuna, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuna for the qualifying patient, 12 marihuna plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.
It is therefore legal in the state of michigan not only to use medical marihuna but also legal to not be harassed at place of employment for doing so, just as testing positive for drugs such as vicodine when perscribed by your doctor not causing one to lose their job. There is no room for people to interprit the meaning of any law, especially when it is pretty plain and simple that a 5 yr. old could understand it. Laws are voted on by people, who again passed this years ago by over 60%, thats a great margin of voters who wanted it for a reason, why do the politications want to tear it down, maybe they are against it, so if they are we simply vote them out of office and tell them good luck finding a job now, just as the rest of us have had problems doing because they would rather fight this one law instead of making jobs and prices of all we buy, like food, or gas lower. They have to realize we voted them in to take care of the laws we have not try to destroy them, or we simply vote them out.

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