Marijuana: Sackings for legal pot backed by judgment against fired man with brain tumor
There's been lotsa debate over just-passed marijuana bills. But lost amid talk about THC driving limits that may prevent MMJ patients like William Breathes from driving legally and a provision that treats pot mags like porn is the impact of marijuana retail on employees and employers. Rulings that support the firing of MMJ patients who test positive for drugs (including Joseph Casias, seen here, who used weed to treat an inoperable brain tumor) would seem to give companies the upper hand. But one report suggests they're still worried about rules involving legal cannabis.
Photos, video below.
The recent Fortune piece "Smoking 'legalized' marijuana can still get you fired" features a case about which we've written a number of times in recent years. It involves paralyzed medical marijuana patient Brandon Coats, who was canned by DISH after failing a drug test even though the company stipulated that he'd never come to work under the influence of cannabis.
Also noted by Fortune is an equally shocking case, this one out of Michigan. In that instance, the aforementioned Joseph Casias was fired by Wal-Mart for using cannabis to treat an inoperable brain tumor at a doctor's recommendation. According to the September 2012 U.S. Court of Appeals ruling in favor of Wal-Mart (read it below in its entirety), Casias was diagnosed with sinus cancer when he was seventeen, and during the five years or so he worked at Wal-Mart, he suffered from pain in his head and neck as a result of the growth. After pain medication failed to help him, his oncologist recommended that he try marijuana, and after going through the process to become a legally registered patient, he discovered that the substance provided him with substantial relief. The ruling's narrative adds that he was careful not to use marijuana on the job or come to work under its influence.
Then, in November 2009, he twisted his knee while pushing a cart, and after he was taken to an emergency room by his Wal-Mart manager, he was given a drug test, which he failed due to marijuana lingering in his system -- an attribute of cannabis that concerns patients when it comes to Colorado's new THC driving limits law. As a result, he was fired.
Continue for more about marijuana, employers, employees and Joseph Casias, including a video and a complete court ruling.