Medical Marijuana Case Could Affect Michigan Labor Laws


. By Charles Benson

The 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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