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WalMart Finds Itself At Center Of Medical Marijuana Debate

Last November, a Michigan Wal-Mart terminated an employee that had failed a routine drug test. Under most circumstances, this would be a fairly routine action - a Society for Human Resource Management 2006 report found that 84% of employers drug test before hiring, and another 58% require testing after workplace accidents. However, the case of Joseph Casias is much more complicated. Casias is a Michigan resident with a medical marijuana card, and he is suing Wal-Mart for what he claims was an illegal termination. This case could affect corporations from large multinationals to a small loan company in 14 states, as the right of corporation to determine who they can hire versus the rights of medical marijuana users.

Smoke, smoke, and mirrors of medical marijuana laws

Currently in the United States, there are 14 states that allow, decriminalize, or offer a positive defense to citizens that use marijuana for medical purposes. Federal law, however, officially lists marijuana as a Schedule 1 drug - a drug that has "no accepted medical use and high tendency for abuse." In October of 2009, as the Washington Post reported, federal prosecutors were instructed to "back away from pursuing cases against medical marijuana patients." The results were an entangling mess of laws, regulations, and protections for legal marijuana users for medical purposes, such as Joseph Casias.

The right of WalMart to drug test

Employer drug testing was ushered in with the Drug Free Workplace Act of 1988, the first federal law about employer drug policy. Each state has its own laws and regulations that cover drug testing on the job. Wal Mart informed Joseph Casias they would test for drugs, including marijuana. Employers, in general, have the right to test employees for alcohol or drug use upon hiring, after workplace accidents, and at random if they so choose. Employers, generally, have to test evenly across their employees.

Why WalMart had Joseph Casias fired for using medical marijuana

When Joseph Casias, a former Associate of the Year at his Wal-Mart, received a knee injury while he was at work, Wal-Mart followed their policies and conducted a drug test. The drug test came back positive, and Casias informed his employers that he was legally using medical marijuana to treat a brain tumor. Casias was informed, as CNN reports, that it would not be a problem as he was legally using marijuana. However, WalMart corporate policy deemed that he had to be let go. Joseph claims that he never attended work high and never used marijuana on the job. Urine analysis test cannot determine when a drug was used, only that it was used.

Medican marijuana user rights as employees

The difficulty for both corporations and employees comes in marijuana's "gray market" status. It is legal in some states, but illegal on the federal level, and corporations are legally allowed to fire employees for marijuana use under federal law. In most states, employers are also given wide latitude in their policies towards positive drug tests. Medical marijuana advocates observe that employees that do use for medicinal purposes are in a rotten predicament, where they can legally treat their medical condition without repercussion from state law, but not being protected from termination from their employment. With most health insurance also provided through employers, often terminally or chronically ill patients also have to weigh using medical marijuana against losing the insurance they may be extensively using.

An employer's right to fire employees for medical marijuana

The legal implications are still being determined by the 14 states that allow medical marijuana use. California reached an initial decision in 2008, in Ross v.Ragingwire Telecommunications, Inc that employers are well within their rights to fire or not hire employees for using marijuana, even if that employee was doing so legally under state law.

Smoke, more smoke, and haze cloud medical marijuana laws

Considering the maze of employer laws, medical marijuana laws, and corporate policy, like that of Wal Mart, laws regarding employees using medical marijuana are going to remain unclear for some time. Like regulations on payday loan companies, law and court cases are going to be issues for states to clear on their own.

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