• 30
  • June
    2010

Chelsie-Garza.jpgJoseph Casias, 30, who has an inoperable brain tumor and is in remission for sinus cancer, uses marijuana to alleviate his pain. Casias is suing Wal-Mart for firing him after he injured himself at work, received treatment and tested positive for marijuana during a drug test.
In 2008, Michigan voters approved medical marijuana use.
According to the lawsuit filed today, the Michigan Medical Marihuana Act, "protects employees from being disciplined for their use of medical marihuana" in accordance with the law.
At the recommendation of his oncologist, Casias applied with the state so he could legally use marijuana and, in June 2009, received his card from the Michigan Department of Community Health, the lawsuit says. Casias only uses the drug at night and never used it at work or came to work under the influence.
In November 2009, Casias twisted his knee at work while pushing a cart. The next day at work, he had trouble walking, and was driven by a store manager to receive treatment. The lawsuit claims Wal-Mart has a policy requiring drug tests for employees injured at work.
Though Casias showed a store manager his card indicating he could legally use marijuana under state law, he was ultimately fired for testing positive for the drug, the lawsuit says.
Wal-Mart released a statement today, calling the situation "unfortunate."