In November of last year, WalMart fired an employee for failing 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
There are 14 states in the US that permit the medical use of marijuana, in some form or another. The Federal Government lists marijuana as a schedule 1 drug, with “no accepted medical use and 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 resulting patchwork of laws, regulations, and legal protections for medical marijuana users such as Joseph Casias has created a difficult situation for employers.
The right of WalMart to drug test
The Drug Free Workplace Act of 1988 was the first federal law that mentioned employer drug testing, though it did not line out how such policies were to be implemented. 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. In general, these employers must apply drug tests evenly across their workforce.
Why Wal-Mart fired Casias for medical marijuana use
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, in accordance with Wal-Mart’s corporate policies about positive drug tests, Casias was fired. Jospeh Casias maintains that he never went to work high, or used on the job. However, urine analysis tests cannot determine the time frame in which a drug was used, only that it was or was not.
Medican marijuana user rights as employees
Marijuana use for medicinal purposes, unfortunately for employees and employers, falls under “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 have some latitude in their drug testing policies if a test returns positive. However, medical marijuana advocates point out that it leaves many employees in a very tough situation – told they can use marijuana to treat their medical condition without fearing state law, but also not protected from being terminated from their workplace. Since most insurance will not cover it or even drop coverage for terminal or chronically ill patients who use have to weigh their health insurance against their possible treatment with marijuana use.
Employer’s right to terminate for using 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, which determined employers are within their rights to fire or not hire employees that legally use marijuana for medicinal purposes.
Smoke, more smoke, and haze cloud medical marijuana laws
Given the patchwork of employer laws, medical marijuana laws, and corporate policies such as Wal-Mart’s, the laws about employee use of medical marijuana are likely to remain hazy. Much like regulations on a payday loan company, the laws and court cases will most likely remain an issue for each individual state to sort out.
