Sixth Circuit Upholds Wal-Mart's Termination Of Employee For Using Medical Marihuana

In a case of significant importance, on September 19, 2012, the United States Court of Appeals for the Sixth Circuit held that a private employer may fire an employee for testing positive for medical marihuana in violation of the employer's drug use policy under the Michigan Medical Marihuana Act ("MMMA"). The court's holding in Casias v. Wal-Mart Stores, Inc., sets the precedent that users of medical marihuana are not a protected class in the private sector and that the MMMA only protects users of medical marihuana from state action, such as arrest and prosecution, for legal use of the drug.

Joseph Casias worked as a Wal-Mart employee in Battle Creek, Michigan for a little over five years when he was terminated for violating the company's drug use policy. Mr. Casias suffers from sinus cancer and an inoperable brain tumor and endured ongoing pain as a result of his condition. Mr. Casias' oncologist recommended that he try medical marijuana to treat the pain associated with his medical condition, so Mr. Casias obtained a medical marihuana registry card from the Michigan Department of Community Health under the MMMA, which was enacted in 2008.

Mr. Casias complied with the state laws governing the use of medical marihuana and never used marihuana at work nor did he come to work while under the influence of the drug. During his employment, Mr. Casias took a drug test in accordance with Wal-Mart's drug use policy, and he tested positive for the use of marihuana. Wal-Mart did not honor Mr. Casias' medical marihuana registry card and terminated his employment because the use of marihuana violated the company's drug use policy. Mr. Casias sued Wal-Mart for...