ACLU sues Wal-Mart for firing employee using medical marijuana
Quote:
Originally Posted by cologrower420
Since walmart is operating across state lines, wouldn't federal laws apply, which state marijuana is an illegal controlled substance? Therefor according to federal law, Walmart is legally allowed to fire employees who fail drug tests.
I'm sure they'll settle to keep things quiet, but I still don't think state medical marijuana laws apply here.
Don't those just allow an affirmative defense of a crime (state level)? What crime did this guy commit? Why would state medical marijuana laws apply in this scenario?
i tried to edit my post above. I also read the complaint, and I guess it's up to the aclu to prove that the guy got fired for being disabled, not just the act of failing a drug test. Or something.
ACLU sues Wal-Mart for firing employee using medical marijuana
Quote:
Originally Posted by cologrower420
i tried to edit my post above. I also read the complaint, and I guess it's up to the aclu to prove that the guy got fired for being disabled, not just the act of failing a drug test. Or something.
Well... that is not really what the complaint says. It makes two specific charges, but they're really two ways of looking at the same thing. First, the ACLU claims that Wal-Mart broke general state policy by firing Casias unlawfully. (MMJ patients in Michigan are specifically protected from disciplinary action by businesses, so long as they are in accordance with state MMJ law.) The second charge is that Wal-Mart violated the MMMA provisions that guarantee those protections.
That is my layman's reading of the complaint. Lawyers please chime in, because I'm often full of shit.
ACLU sues Wal-Mart for firing employee using medical marijuana
Quote:
Originally Posted by HighPopalorum
Well... that is not really what the complaint says. It makes two specific charges, but they're really two ways of looking at the same thing. First, the ACLU claims that Wal-Mart broke general state policy by firing Casias unlawfully. (MMJ patients in Michigan are specifically protected from disciplinary action by businesses, so long as they are in accordance with state MMJ law.) The second charge is that Wal-Mart violated the MMMA provisions that guarantee those protections.
That is my layman's reading of the complaint. Lawyers please chime in, because I'm often full of shit.
You are probably correct. I am assuming walmart's defense will be they were just following federal guidelines, or something. But I'm not sure how that would work in a state court.
Don't you think it will be difficult for the aclu to prove that they broke state law? We aren't talking about 'legal' prescriptions for vicodin or something else. We are talking about something that is still illegal according to federal law, which always trumps state law, with no exceptions. I think it's an important distinction that we are talking about something that's legal at the state level but illegal at the federal level.
I'll be the first to admit that I am not familiar with the law, and I'm likely not seeing something.
Would you agree that this lawsuit has a tiny but non-zero chance of a court finding walmart liable for damages? the damage being lost time, etc. We're assuming they are found guilty of what they are accused of. Or something.
ACLU sues Wal-Mart for firing employee using medical marijuana
I'm not able to judge the merits of the complaint; there may be a legal silver bullet in there, but I don't have the knowledge to recognize legal salience. To my mind, Wal-Mart violated state law. (The MMMA protects ??[a] qualifying patient who has been issued and possesses a registry identification card? from, among other things, ??disciplinary action by a business . . . for the medical use of marihuana in accordance with this act . . . .?) State law is just as binding as Federal law. I'm not going to parse out the text like I do with our own laws, but I think the ACLU might have a case: after all, this will be a jury trial.
I look forward to the ACLU of Colorado whittling down the hard edges of our own state MMJ laws. Fight the good fight with us. Freedom doesn't protect itself.
ACLU sues Wal-Mart for firing employee using medical marijuana
333.26424 Sec. 4. (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 . . .
In September of 2009 I attended a seminar held by the Michigan Medical Marijuana Association in Ann Arbor and this HR issue got a lot of attention. It was conceded this provision of their mmj law would likely be tested by the courts and it was hoped the plaintiff would be someone worthy of the legal fight -- someone exactly like
"Joseph Casias, a 30-year-old resident of Battle Creek, Michigan [a husband and father,] has been living with sinus cancer and an inoperable brain tumor for over a decade. Joseph??s condition has required extensive treatment and chemotherapy, interferes with his ability to speak, and is a source of severe and daily pain."
In March of 2010 I sent an email to Wal-Mart expressing my disappointment for Casias' termination and their attempts to deny him unemployment benefits. This was their reply.
Response from Wal-Mart Stores, Inc. (Ref #000000024869182)
Sunday, March 14, 2010 1:47 PM
Dear Michael,
Thank you for your recent inquiry. 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.
Sincerely,
Walmart Customer Care
If this situation happened at any other company, for public relations purposes, they'd settle out of court, have the court record sealed and pay for the silence of the plaintiff.
So the Michigan Medical Marijuana Association got it's wish. They got the poster-boy of MMJ, the poster-boy of Bad Actor Companies (the BP of retail) and the ACLU.
This case will set legal precedence. MMJ patient's throughout the USA will benefit, regardless of the outcome, because Wal-Mart will be bloodied by the experience in the national press. And, that will give all corporate executives cause to rethink their HR policies towards MMJ.
ACLU sues Wal-Mart for firing employee using medical marijuana
I think that's a pretty feel good story. There are still many, many people who view marijuana as an illegal narcotic, and hearing about someone getting fired for a positive drug test isn't a negative with them, and those types of people are who would serve on a jury.
I just don't think there is any way that walmart loses this jury trial. settlement perhaps, but that doesn't set a precedent or anything.
ACLU sues Wal-Mart for firing employee using medical marijuana
I have a close friend who was fired from Lucky Store at the Mall for nearly the Same thing.... Since Lucky or really most retail corps can't/wont trust their staff they have the manager inspect all purses of the staff before leaving..
Well you guessed it... mistakes happen and just so happend to be a small ziplock containing less than 2 grams of MMJ in my friends purse she didnt realize... (Girls always have like 2 dozen purses in the closet.. sometimes you grab one and go ya know..?) the manager feels inside for stolen merch and bang whats this...
My friends quickly pulls out her MMJ Card and the the manger calls her higher ups... they rule in 2 seconds... FIRED.
I think its bullshit to have to lose a job because you use this medicine...
But with that said ... Everyone should know your MMJ Card does not protect you from lanlords or employment drug screens...
and of course dont bring your meds to work at the mall:thumbsup:
ACLU sues Wal-Mart for firing employee using medical marijuana
Quote:
Originally Posted by Delta9Caregivrs
Everyone should know your MMJ Card does not protect you from lanlords
There was a story on public radio's Colorado Matters on landlords, tenants and medical marijuana. The attorney interviewed is very clear; he advises tenants and landlords to have a frank conversation about medical marijuana use and to modify the contractual language accordingly. He also explains that growing marijuana likely violates multiple provisions of the standard residential lease.
"It's perfectly legal to grow corn in the state of Colorado, but that doesn't mean you can grow it in the living room of your landlord's apartment."
