In 2008, voters across the state approved the Michigan Medical Marihuana Act, allowing controlled amounts of marijuana to be used by individuals suffering from debilitating diseases or injuries. With a doctor’s clearance, a patient may consume the drug to ease the pain caused by their poor medical condition. Knowledgeable Michigan criminal defense attorneys can confirm; even though card-holders are acting within the realm of state law, this does not make them exempt from negative consequences, including loss of job or arrest. Such an example is seen in the case of a Michigan medical marijuana patient who is suing his former employer after being fired for a positive drug-test.
For five years, 30 year-old Joseph Casias was a dedicated employee of the Battle Creek Wal-Mart store. During that time, he was unfortunately diagnosed with sinus cancer, as well as an inoperable brain tumor near his spinal column – – both causing immense pain. For cancer treatments, Casias must undergo rigorous chemotherapy, which also results in unbearable side-effects. Marijuana serves to ease these symptoms, helping him gain weight and alleviate the ever-present nausea.
The Wal-Mart corporation fired him for drug use
However, in late 2009 Casias twisted his knee at work and Wal-Mart asked him to submit to a drug test. After the test results registered positive for marijuana, the corporation fired him for drug use.
Nonetheless, Casias is determined to have the last laugh. He is suing Wal-Mart to regain his job, as well as receive compensatory and punitive damages for economic losses incurred as a result of his firing. And if one takes into account Michigan state law, it seems he could have a solid case. According to the statute, patients registered within the state are protected from “arrest, prosecution or penalty of any manner” for medical marijuana use prescribed by a licensed doctor. Should Casias be successful in his suit, it could set a precedent for other patients who have been fired following drug-tests registering positive for marijuana.
The situation of Joseph Casias appears to be a reoccurring one in the state of Michigan, and all its implications have yet to be determined in the court room. Even though the law allows patients to use marijuana for medical purposes, it is still possible to suffer harsh punishments should your employers find out. Not only could your job be at risk, but it is possible to be subjected to legal consequences including jail time. In order to protect yourself, it is important to contact experienced and aggressive Michigan criminal defense lawyers for superior legal advice and legal representation. Acting quickly can help ensure the best defense of your personal rights and liberties, keeping you at home and in the workplace.