WalMart fires medical marijuana patient

[UrbScotty]

Source: WZZM

Now that medical marijuana is legal in Michigan, can an employer fire a worker who tests positive for the drug?

WalMart says it can, so it did.

"I was terminated because I failed a drug screening," says former WalMart employee Joseph Casias.

In 2008, Casias was the Associate Of The Year at the WalMart store in Battle Creek, despite suffering from sinus cancer and an inoperable brain tumor.

Read more: http://www.wzzm13.com/news/news_story.aspx?storyid=119421&catid=14&GID=5PcX3Lkx9+ImiVk4xhXX+02jKzqErLbsYS4t0MU0XLE%3D

[warm regards]

1. Walmart is a private sector employer.

[ET Awful]

6. And that employer is subject to the Americans with Disabilitis Act

Sorry, "private sector" is no defense when they are firing him for something that is legal.

[naaman fletcher]

9. It's legal not to show up for work, but you can still be fired for it.

Don't get me wrong, I am 100% against the drug war, but this guy should not be surprised the he lost his job.

[wroberts189]

19. Why should he not be suprised? Because Walmart has no compassion? nt

[saigon68]

30. Thug Corporation

Run by Fundy Christian Thugs.

One can only hope the perpetrators of this nonsense suffer the same painful, pathetic fate as their "example"

[TacticalPeek]

35. That's my hope also.

And I hope it is soon.

[RaleighNCDUer]

38. That will all change the day the Wal-Morans figure out they can make

millions themselves off marijuana - they'll buy a couple politicians, get it legalized, then corner the overseas production and put domestic growers out of business.

[avaistheone1]

45. True. Then Walmart will have its own brand of marijuana.

You bet. They will probably wind up being the world's largest retailer of marijuana.

It reminds me of the "holy" Mormon Marriott corporation profiting off their pornography channels in hotel rooms. Anything for a buck with so many of these corporations.

[indepat]

49. If time heals all wounds and wounds all heels, Walmart is overdue for a world of pent-up

hurt. :)

[izquierdista]

33. A good lawyer

Might be able to collect on the dead peasant insurance Wally took out before they fired him.

[Juneboarder]

42. This guy didn't show up stoned...

it simply showed up in his drug test. This means that he has consumed marijuana in some way over the past 30 days or so. Can you be fired for alcohol showing up in a test if you weren't under the influence? Not unless that's a requirement that is specified prior to enforcing the employer's right to terminate employment.

[ET Awful]

55. Familiarize yourself with the ADA, then come talk to me.

Not showing up for work is far different than being fired for following your doctors prescription (while not at work).

[NecklyTyler]

11. Alcohol is legal - but show up for work drunk ...

I have heard of bartenders being fired for drinking on the job.

[eShirl]

15. what medical conditions are alchohol prescribed for?

[Craftsman]

20. I have worked at places were if you were under a doctors care and had to use pain killers

you were told not to come to work.

[Patty55]

59. Drugs in the workplace+ ADA

What kind of work did you do that you were told not to come to work if on prescription painkillers prescribed by a doctor? Unless you were impaired they have no right to tell you that. I am not going to pretend to be an expert by any means, but I do know a Little on the ADA because I have a disease that is covered by it. I take a medication everyday because I am an opiate addict. I have been on methadone maintenance for close to 20 years and I know for a fact that I can't be refused a job, fired from a job or discriminated in anyway because I am on opiate replacement therapy. I haven't had a moving violation since 1984, nor am I in anyway shape or form impaired. If I were fired from a job because methadone showed up on a drug test, it would be against the law to fire me. Of course anytime I have ever applied for a job I tell them up front I am on medication prescribed by my doctor and I have never had a problem in 20 years, but I tell them because then they could never use it against me. I know a few people who are on marijuana for medical reasons and non of them have been fired from their jobs. Marijuana has many medicinal uses. Years ago it was given for glaucoma. It is now prescribed for AIDS patients who have no appetite. It is used for patients who are HIV positive because the medications they take make them sick, and marijuana helps them with nausea. Marijuana is also used for patients who have chronic severe pain. A good friend of mine hurt his back on his job. He is permanently disabled. He was given everything from codeine to fentanyl, and all he got was addicted to the opiates but was still in horrible pain. He tried Marijuana, and he said for the first time in years his pain was tolerable. His doctor gave him a card or whatever patients get, and he felt good enough to open a small diner where he now lives. His wife and daughter are his partners, and although he still can't do any kind of work which involves standing, lifting, etc, he does the books, and he no longer needs the disability checks he was getting..The DEA and this fiasco called the War on Drugs is a joke. The DEA will still arrest someone who is prescribed marijuana even though our President told them to stop arresting people. This drug enforcement idiot Michele Leonheart is a zealot who would rather see a sick person go to prison than to live a normal life with tolerable pain. The DEA was the invention of one of our worst presidents Nixon, and they should be disbanded.The US is now pissed off that Mexico and a few Countries in SA have taken the sigma away from drugs and now fears that our innocent teenagers will go there for spring break and come back dope fiends..If drugs are legal over there, not all of the kids are going to use them, in fact, unless they planned on using before, they probably won't touch them anyway. We have learned nothing from Prohibition. People didn't stop drinking because it was illegal, it just went underground like other drugs are today. The Harrison act is the law that made being an addict a criminal. Before the Harrison act most opiate addicts were upper middle class to rich white women, and upper middle class to rich men. The Harrison act ruined many lives, made drugs go underground and made a lot of bad people rich..This obsession that the American people have is insane. I became an addict not from the streets but from my doctor who gave me so many mind altering prescriptions at one time that my pre disposition towards addiction came very early in my life I was 14 years old when I walked out of his office in 1969. That first seconal capsule sealed my fate. Do I blame him? Thats hard to answer, when you are a young girl, you trusted your doctor, he was my moms doctor also and she trusted him. When I found out what an addict was and that I was one, it was too late, the party was over and I had a full time job to support my habit that my doctor so kindly simply cut my supply off and said "I am too old for this shit" and gave me a prescription for Thorazine and told me to "Please leave" So I guess I blame him for being irresponsible, but when I became an adult I did have choices and I continued on my path to destruction..The DEA and Nixon made this WOD's and look where it has gotten us. More prisons, more laws for non violent addicts, and not enough treatment centers for addicts who want recovery whether it be 12 step, religion, harm reduction, Smart Recovery, or any other way.. Stop harassing marijuana patients by sending a message that the DEA is an outdated cruel monster that a real life monster started...

Patty55

[bobburgster]

75. Many good points ....

but more importantly, I'm glad to see you are successfully overcoming the beast.

[NecklyTyler]

23. Alcohol is prescribed to combat loss of apatite during chemo therapy

My Great Grandmother was told to "drink a little wine before eating" by her doctor.

Prescribed or not, showing up for work drunk or high is an unacceptable condition. The difficulty arises in assessing if an individual is high on marijuana. There is no defined test like there is in measuring blood alcohol level.

[Leftist Agitator]

58. "what medical conditions are alchohol prescribed for?"

Not nearly enough, from where I sit. How about a terminal case of "I hate everyone that I know, and I REALLY hate the ones who I don't"?

[jmowreader]

65. Glycol detoxification

This is no shit: Beverage alcohol has a legitimate medical use.

This is from DAK Americas' ethylene glycol MSDS:

Notes to Physicians:
Ethanol (ETOH) is antidotal and should be administered early in the treatment. Ethanol is a potent inibitor of Ethylene Glycol metabolism because it is preferentially acted on by liver alcohol dehydrogenase, thus delaying or preventing toxic metabolites from Ethylene Glycol.

Treatment is started after residual ingested substance is removed from the stomach. Ethanol is administered orally or IV with a goal of maintaining a blood alcohol level of approximately 22 mmol/L or 1.0 mg/L.

To prepare antidote, make a solution using 100 mL of 100 proof ethyl alcohol and 1900 mL of water. Give 1.5 mL/kg or 100 ml for an average adult. This may be mixed with orange juice for oral use if necessary. More Ethanol is to be given at 2 hour intervals to achieve and maintain the desired blood alcohol levels. Treatment may be necessary for several days.

The patient should be monitored for metabolic acidosis. Use of appropriate buffering solutions, such as bicarbonate, may be indicated.

Hemodialysis may be required.

You read that correctly: if you accidentally drink some antifreeze (note: DAK Americas' ethylene glycol, which they use to make polyester, is pure and undiluted, not the stuff in a Prestone bottle--theirs is the consistency of pancake syrup, so if you get into it you're really in trouble) sit around and drink screwdrivers for three days, and you'll be fine. You probably won't want to drink screwdrivers again, though.

[wroberts189]

16. He claims in the article he never used it before work. nt

[Juneboarder]

43. The article didn't state that he showed up to work stoned...

Pot can stay in your system for 30+ days from last consumption...

[iris27]

67. see #42 n/t

[Iowa]

53. You have a point...

If he had requested a reasonable accommodation under the Act regarding the employer's drug screening policy (due to his illness), I don't think Wal-Mart could have refused. It has been awhile since I read the ADA, but if memory serves, this would be covered. I'm not sure if it can be done retroactively. I believe the employee has the burden of notifying the employer in advance, but I could be wrong about that.

[Abq_Sarah]

69. When dealing with federal law

There is no ADA protection for medical marijuana. It's still illegal under the U.S. Controlled Substances Act. Under the Michigan law, employers are not required to accommodate users of marijuana regardless of whether or not it's certified for use by a doctor.

[Occulus]

72. Oh yes they most certainly are, under the state law

So long as he was not under the influence while on the job and did not ingest the drug on the job the law very clearly states that he is not subject to disciplinary action.

This is covered in Sec. 333.26427 and 333.26428, respectively. IOW, legal use at home is a defense against disciplinary action.

[Abq_Sarah]

73. Michigan law

Doesn't really protect medical marijuana users from termination. It's basically written to protect doctors and patients from state prosecution. There is no federal legal protection and employers can adhere to federal law in writing their policies. SCOTUS ruled several years ago that employers do have the right to terminate individuals who fail drug tests, regardless of state laws.

This is not going to be settled until the Fed passes laws recognizing medical marijuana.

[panzerfaust]

24. and subject to the laws of the state

A comment on the article states:

"Wall Mart is pretending our law is the same as other states. Our law is different. It gives protection to employees.

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 or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act"

[Craftsman]

27. That put a different light on it then.

[Wizard777]

32. Nevada is the same way. They protect employees and go one better.

Wal-mart would be required to provide a room for him to medicate in while he's at work. Nevada's Medical Marijuana laws are a Constitutional amendment. So in Nevada Medical Marijuana is a Constitutional right.

[crikkett]

37. Oh ho! Walmart seems to have broken a law here. n/t

[Trillo]

41. Perhaps. Is there a penalty assigned?

I was unable to find the text of that actual law on a Michigan.gov website. There did seem to be a number of FAQs and similar types of documents referencing it. I stopped looking for the actual text after a few minutes, I'm not saying it doesn't exist.

I was looking for the penalty. Is there a penalty assigned to an entity that breaks that law?

[SergeStorms]

2. I'm sure.......

this will be tested in court. I'm also almost certain WalMart will prevail. It will be a State's rights vs. Federal law battle, and in Federal Court........
It's a crying shame. WalMart's legion of lawyers will swoop down on this like a plague of locusts. They usually get what they want. I see no reason to believe they won't this time, although they shouldn't. :mad:

[Craftsman]

3. Consider this, even in a Wallyworld they run heave=y equipment

Mechanized pallet jacks, forklifts. If you are in any accident in these you will get a drug test asap. It is a possible insurance liablity issue. Also I know they do drug test and demand a drug free work place.

[ET Awful]

7. So if the same person was prescribed medication for PTSD would you

say it was okay to fire him?

[Craftsman]

13. I have worked around heavy equipment and if you are using any drugs

that can affect you ablility they will not let you work. Period. Is it a safety and insurance issue.

[panzerfaust]

25. Earth Calling: The guy is a MalWart "associate"

Not a heavy equipment operator, a pilot, a bus-driver, surgeon ...

[Craftsman]

26. I have seen associates run the pallet jack and the fork lift

I once worked at Best buy and they had a forklift/man lift they used to get large items from the top shelf. The associates ran it.

[snooper2]

51. We used to run the forklifts stoned at Semco Plastic Company

it was a blast :evilgrin:

forklift racing...made that shithole of a place a little enjoyable :)

[Craftsman]

52. I quit a place like that, unsafe.

[jmowreader]

70. He could be a MalWart "associate" and a heavy equipment operator

We don't know enough about this case, but yes Walmart stores have heavy equipment--the one in Ohio I went to with a load of carts had a forklift, some little walk-behind reach trucks they called "walkie stackers" and a few electric pallet jacks.

My bet--he was driving a forklift in the Garden center, hit something (which doesn't necessarily mean you're stoned--lots of people who've never done drugs in their lives have run over shit with forklifts), got tested as required by OSHA policy, and failed. But of course he never showed them his medical marijuana card after he got it, so they assumed he was a recreational user.

[ET Awful]

54. The ADA would dictate that he be given alternate tasks not involving said machinery

if he was under the influence of doctor prescribed medication (in this case marijuana).

[Patty55]

60. drugs and the ability to work

I agree about being impaired and working around heavy equipment, but the employee needs to be given another job to do in the company until he or she is off of the medication..However who is it that determines that an employee is impaired? I have severe panic attacks, and although they don't happen very often, when they do, I take a xanax. 1 tablet doesn't do anything but make the panic attack go away. Does that mean that I wouldn't be able to work if I had to take one tablet that supposedly impairs SOME PEOPLE? I am also a methadone maintenance patient. I take this medication and feel nothing except normal. I know a lot of employers would love to use that to fire someone, but it is proven that a person who is on a stable dose of methadone has no drowsiness, no euphoria, and doesn't affect the patients ability to drive a car/truck, etc. What about the adult who suffers from ADD. Should he/she be fired because they must take a stimulant medication? For a normal person a stimulant will make them jacked up, but for a person who has ADD it makes them calm, and it also improves alertness and concentration. This is what I mean when I say we are a Country obsessed with medications. What other Country worries more about the Presidents smoking cigarettes than the good things he is doing? Who gives a crap who smokes? I have smoked cigarettes for years, and people are so cruel with the looks, the snares, and the comments..Its like, I am a considerate smoker, I only smoke in my own home, in my car, and in homes of people who also smoke, but people still will walk by my coughing (just to be mean) and calling me names. They tell their children that only bad people smoke. I know this because I was smoking one day and a little girl said to me, "you are pretty, but my mommy said only bad people smoke so I shouldn't talk to you" Her mom almost shit her pants..

Patty55

[SergeStorms]

10. The article didn't say.........

in what capacity the guy worked for WalMart. There are very few heavy machinery operators at any given WalMart. The article did state that he never used pot at work. I realize there are limitations for people under the influence of any substance, especially at work, but if the guy worked in a job that didn't jeopardize the public, what's the harm? :shrug:
I've had sinus problems my entire life, and I can't imagine the living hell this guy lives through with sinus cancer.
Like I said, I think this will eventually come down to State's rights law and I fully expect the State of Michigan to lose. Now, if President Obama would push to get the draconian Federal laws regarding marijuana changed, that would be a B-I-G help for medical marijuana users. The legal and prison industry lobbies spend a lot of money each year so that doesn't happen. Small time drug offenses are their bread and butter.

[pattmarty]

29. You are exactly right. For all the good benefits and the excellent...............

...........pay, vacation time etc, the VERY LEAST they should expect is a "clean" drug test.:sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm:






I'm sorry, I cannot ever side with Wal-Mart, even if they started giving Xmas presents to us all. They are and have been untrustworthy in just about every goddamn thing they have been involved in. We have almost become the "United States of Wal-Mart" already.

[wroberts189]

4. And they are trying to deny him unemployment benefits...

He also said he never came to work drugged and had a doctors approval.




--------------------------------------------------------------------------


BATTLE CREEK, Mich. (WZZM) - Now that medical marijuana is legal in Michigan, can an employer fire a worker who tests positive for the drug?

WalMart says it can, so it did.

"I was terminated because I failed a drug screening," says former WalMart employee Joseph Casias.

In 2008, Casias was the Associate Of The Year at the WalMart store in Battle Creek, despite suffering from sinus cancer and an inoperable brain tumor.

At his doctor's recommendation, Casias says he legally uses medical marijuana to ease his pain.

"It helps tremendously," he says. "I only use it to stop the pain. To make me feel more comfortable and active as a person."

During his five years at WalMart, Casias says he went to work every day, determined to be the best.

"I gave them everything," he says. "110 percent every day. Anything they asked me to do I did. More than they asked me to do. 12 to 14 hours a day."

But last November, Casias sprained his knee at work. Marijuana was detected in his system during the routine drug screening that follows all workplace injuries. Casias showed WalMart managers his state medical marijuana card, but he was fired anyway.

"I was told they do not accept or honor my medical marijuana card," says Casias.

In an e-mail from headquarters, WalMart spokesman Greg Rossiter explained the company policy. It states: "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."

Casias says he never used marijuana before work.

"No, I never came to work under the influence, never," he says. "I don't think it's fair. Because I have a medical condition I can't work and provide for my family?"

Casias has been collecting unemployment compensation since he was fired in November but this week he says he was notified WalMart is challenging his eligibility for benefits.

"It's not fair," he says.

[progressoid]

46. Of couse they are. Greedy bastards.

[wroberts189]

5. Next up ..on anti-depressants? High blood pressure meds? No job for you. nt

[Chulanowa]

8. You can't get weed from a wal-mart pharmacy

[ixion]

12. That's a short-coming of the pharmacy... it makes the weed nonetheless medicinal

[wroberts189]

14. So that is the deciding factor? ...

The poor guy has a brain tumor and cancer ... he is already working a dead end low wage job.

You want to deny him that ..or any job as he lives out his last few years? Deny him unemployment?

[Chulanowa]

17. if you jerk that knee any harder, you're going to kick yourself in the face

And I'll laugh and laugh and laugh...

Point is, Wal-Mart would be happy to cater to him if he were on prescriptions that he could buy from them. Companies love employees who throw their paycheck back into the company coffers, after all. They can't mooch his money for this prescription, though, so they toss him.

Less bake, more wake.

[wroberts189]

21. Knee jerk ? And you will laugh? You did not even answer my questions.. nt

[wroberts189]

22. btw I seriously doubt the fact they could not sell it to him was a factor.

It was your knee that jerked. And I do not laugh at anyone who is injured... or sick and struggling to survive.

[Chulanowa]

47. You're really making a point of missing my point

Have fun with that.

[eShirl]

18. not yet

[whathappened]

34. anti depressants

walley world just fired my grandaughter , she was taking the drug to keep her calm well working at walmart , they are bastards to work for , she asked then to asign her to a less stressful job , she was told to quite if u can't handle the work , she refused , so they slowly set her up to fail at her fucking job , and she was fired , walmart is no fucking good for our country and no good for the people who have to work for them , fuck walmart

[ck4829]

28. I'm pretty sure that being in agonizing pain would be more dangerous to work than smoking marijuana

Do you think that a person who is in extreme pain can safely operate heavy machinery?

And now they're challenging his unemployment? That's crazy.

[AlphaCentauri]

39. Yep, that person should be free of stress and in a convalescent state

not working, something doesn't make sense in the article.

[Gman2]

31. There is but one solution. Marinol

My marijuana med doc gives a prescription for marinol as well. So, you fill the pres. Then, when you are tested, show the legal prescription. Likewise, if you dont want to be up for murder, when someone jumps in front of your car. They ask first if you have a marinol presc.

[Name removed]

36. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Blue Owl]

40. as if I needed another reason not to shop there

n/t

[Juneboarder]

44. Seriously!!

My dad had the nerve, yesterday, to tell me that I should apply for at our local Wal-Mart superstore. I nearly gagged at this suggestion!!

:puke: :wtf: :puke:

[Vidar]

48. Nationalize the fuckers, not that i will ever happen with our pansy-assed leaders.

[LeftHander]

50. WalMart Heath Insurance pay for his pot?

Or does he clock just under full time hours per week and has none....

[Freddie Stubbs]

56. As long as it wasn't prescribed by a doctor, they are probaby on solid legal ground

[femrap]

57. Think about this when

you shop at Walmart.

I really hope that family and the management of the company get theirs...and get it hard.

[U4ikLefty]

61. I'd have to be high to work at WalFart. nt

[TexasObserver]

62. It's probably about getting the guy off their medical coverage.

A company like Walmart basically pays for its own coverage. Whatever is paid out in claims will be paid in as insurance premiums, plus admin costs. By cutting him loose on a stated contractual basis, they can avoid paying his future medical.

This is what makes Walmart a robber baron.

[truedelphi]

63. i would like to see this become a national law suit. After all, many many people are

Marijuana users. And many of these folks have to be employed.

And if not employed, they often look for jobs. Yet drug testing is so prevalent in this day and age.

If you are disabled, and if MM is legal, then it stands to reason that you should be able to say,I am disabled, and have a prescription for this and you have to consider me for employment.

[bamacrat]

64. Ok now I have a problem with Walmart.

If it is state law do they not have to follow state laws? If it is prescribed how is it any different from having a prescription to Xanax or Viagra.

[jmowreader]

66. Do Michigan medical marijuana cards have issue dates on them?

As far as I know the ADA requires the worker to inform the employer of any ADA-qualifying condition. He doesn't seem to have done that.

Also, if Walmart is anything like Home Depot as far as drug testing goes--and I'm sure it is--they don't randomly drug test because it costs a lot of money to do it. At Home Depot you will get tested under three circumstances: upon being offered a job, upon being offered a promotion, and for "cause"--you come in looking stoned, you have an accident with a piece of lift equipment, something like that.

The reason I'm asking about the issue date on the card is, if the guy had an accident on a forklift, got tested then showed up with a pot card, if they're not dated Walmart might think "he knew he was going to fail the test so he went right out and got a pot card." But still, if he didn't notify them when he got the card he doesn't have an ADA claim.

[ddeclue]

68. It's a private corporation. It's their money. They can fire for no reason whatsoever.

They can fire you for smoking.

They can fire you for being late.

They can fire you for coming to work drunk.

They can fire you for coming to work stoned.

If you want to smoke pot - fine.. just don't expect employers to have to put up with it on the job. They don't and they shouldn't have to do so.

It's not about safety - it's about stoned (or drunk) people make very poor, dangerous and unproductive employees and even worse representatives of their company in a retail environment.

I worked 7 years in grocery retail and YES there are plenty of ways to get hurt in a supermarket - box cutters, meat saws or grinders, deli slicers, stoves, ovens, cars in the parking lot, pallet jacks, pallet stackers, floor machines, pallets of merchandise, delivery trucks, cardboard bailers, and numerous other ways.

No employee in a retail store really is hidden from view, they all have to interact with the public and I for one would not be happy with a "hey dude..like it's uh I don't know where it is".. stoner response from an employee if I were a customer.

If you want to get stoned (and don't give me the "medical" nonsense because if you're so sick that you need an unlicensed drug to "cure" you then you really don't belong working) then do it but don't expect that someone has to give you a job in spite of it.

[Occulus]

71. That post is really rather contemptible and the law as passed clearly states otherwise

333.26428 Defenses.

8. Affirmative Defense and Dismissal for Medical Marihuana.

Sec. 8. (a) Except as provided in section 7, a patient and a patient's primary caregiver, if any, may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana, and this defense shall be presumed valid where the evidence shows that:

(1) A physician has stated that, in the physician's professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition;

(2) The patient and the patient's primary caregiver, if any, were collectively in possession of a quantity of marihuana that was not more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition; and

(3) The patient and the patient's primary caregiver, if any, were engaged in the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.

(b) A person may assert the medical purpose for using marihuana in a motion to dismiss, and the charges shall be dismissed following an evidentiary hearing where the person shows the elements listed in subsection (a).

(c) If a patient or a patient's primary caregiver demonstrates the patient's medical purpose for using marihuana pursuant to this section, the patient and the patient's primary caregiver shall not be subject to the following for the patient's medical use of marihuana:

(1) disciplinary action by a business or occupational or professional licensing board or bureau; or

(2) forfeiture of any interest in or right to property.

[Abq_Sarah]

74. Federal law trumps state law.

[bobburgster]

76. The audacity to get injured on the job....

caused him to get fired. They rested him because he injured his knee on the job, and fired him because it came back positive. No need to worry about workers compensation now, because they'll argue it was his fault.

Scumbags = Walmart management

[pipoman]

77. Yee haw...medical mj AND WalMart!!!1!!

:popcorn:

:hide:

[Socal31]

78. The people who are citing a Federal law....

really need to look up what Schedule MJ is. A Federal law is not going to protect you.