Medical Marijuana Patient Fired by Wal-Mart Gets First Day in Court

Today a federal judge in Michigan will begin hearing arguments in a lawsuit filed on behalf of Joseph Casias, the legal medical marijuana patient who was wrongfully terminated by a Battle Creek Wal-Mart because he tested positive for marijuana during a drug screen.

Casias, 30, is a husband, father of two, and 2008 store Associate of the Year, who suffers from an inoperable brain tumor and sinus cancer that is now in remission. His outrageous firing last year for using a state-legal, doctor-approved medicine to ease his pain garnered widespread media coverage and led MPP and others to call for a national boycott of Wal-Mart.

Casias is being represented by attorneys from the American Civil Liberties Union and its Michigan chapter. According to the Battle Creek Enquirer, today “Casias’ attorneys will ask the court to deny a motion filed by Wal-Mart seeking dismissal of the case and reject the company’s attempts to have the case tried in federal court instead of state court.”

Casias’s firing violates the “Michigan Medical Marihuana Act,” which MPP helped pass in 2008 and reads in part that a qualifying patient shall not be “denied any right or privilege, including but not limited to … disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana.” Under the law, the definition of “medical use” contains “internal possession”— having marijuana in one’s system. The law does not require employers to allow the “ingestion of marihuana in any workplace” or employees to work while under the influence, but there has been no allegation that Casias used marijuana at work or worked while impaired.

“Joseph is exactly the kind of patient Michigan voters had in mind when they passed the [Michigan Medical Marihuana Act],” read an ACLU statement when the lawsuit was first filed. “We’re asking the court to not allow Wal-Mart to punish Joseph for merely taking refuge from his pain, and using marijuana as allowed by state law. Corporations should never be allowed to force patients to choose between their health care and their job.”

We’ll be following the case closely, so stay tuned for details.

November 12, 2010   19 Comments

ACLU Sues Wal-Mart For Firing Michigan Medical Marijuana Patient

The American Civil Liberties Union today filed a lawsuit against Wal-Mart on behalf of Joseph Casias, the 30-year-old former Associate of the Year who was wrongfully fired by a Battle Creek, Michigan Wal-Mart for his legal use of medical marijuana.

Casias, who is married with two children, suffers from sinus cancer and an inoperable brain tumor, for which he is a registered medical marijuana patient under state law. But in March, Wal-Mart, in violation of Michigan’s medical marijuana law, fired him anyway after he tested positive for marijuana on a routine drug screen—even for a time denying Casias unemployment benefits. Soon after, MPP called for a national boycott of the corporation.

Today’s announcement by the ACLU brings new hope for justice for Casias, who remains unemployed since his firing. Even more importantly, it represents an opportunity to protect the rights of medical marijuana patients in states across the country who continue to face discrimination for taking the medicine that works best for them. From the ACLU:

Joseph is exactly the kind of patient Michigan voters had in mind when they passed the [Michigan Medical Marihuana Act]. Today, we’re asking the court to not allow Wal-Mart to punish Joseph for merely taking refuge from his pain, and using marijuana as allowed by state law. Corporations should never be allowed to force patients to choose between their health care and their job.

June 29, 2010   44 Comments

Call For Wal-Mart Boycott Yields Small Victory

One day after MPP called for a nationwide boycott of Wal-Mart stores in order to protest the company’s contemptible and baseless firing of Michigan medical marijuana patient Joe Casias, the world’s largest public corporation is already changing its position — albeit not to the extent we all desire.

A Wal-Mart spokesperson has told Fox News that the company is no longer challenging Casias’s eligibility for unemployment, reversing the despicable stance it took before news of the firing made national headlines.

While this change falls far short of the treatment Joe deserves after dedicating the last five years of his life to being a model employee for Wal-Mart, it’s at least a sign that Wal-Mart is feeling the heat from mounting criticism in a country that supports medical marijuana laws by more than 80%.

So let’s keep up the pressure! Allowing Casias to collect unemployment still doesn’t change Wal-Mart’s discriminatory policy of firing medical marijuana patients who are following state law and a doctor’s recommendation.

To learn how to e-mail Wal-Mart’s CEO to say you stand in solidarity with Casias and want Wal-Mart’s policy to change, click here.

March 17, 2010   43 Comments

MPP Calls For National Boycott of Wal-Mart

This morning, the Marijuana Policy Project called upon shoppers across the country to join in a boycott of Wal-Mart Stores, Inc., in order to protest the unjust and potentially unlawful firing of Joe Casias, a 29-year-old medical marijuana patient and sinus cancer survivor who suffers from an inoperable brain tumor.

After dutifully working at a Wal-Mart in Battle Creek, Michigan, for five years, Casias was suddenly terminated because he tested positive for marijuana during a drug screening administered after he sprained his knee on the job. To make matters worse, Wal-Mart is contesting Casias’s eligibility for unemployment, and Michigan has the nation’s highest unemployment rate, at almost 15%.

MPP is asking shoppers to demand that Wal-Mart abandon its discriminatory policy of firing employees who are legal medical marijuana patients under state law.

We need to send a strong message to Wal-Mart and other businesses in medical marijuana states that it is not acceptable to fire sick people for trying to get better by following their doctor’s recommendation and obeying state law. Marijuana is a legitimate medicine, supported by science and protected by law in 14 states, including Michigan.

To send Wal-Mart an email saying that you disapprove of its policy and will refrain from shopping at Wal-Mart stores until it changes, click here.

March 16, 2010   85 Comments