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Judge Upholds Walmart's Firing Of Michigan Medical Marijuana User


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http://www.mlive.com/news/grand-rapids/index.ssf/2011/02/judge_upholds_walmarts_firing.html

 

GRAND RAPIDS – A federal judge today ruled that the state's medical marijuana law protects legal users from arrest, but not employers' policies that ban use of the drug.

 

Joseph Casias, who has an inoperable brain tumor, was fired by the Walmart store in Battle Creek after he failed a drug test.

 

“The fundamental problem with (Casias') case is that the (medical marijuana law) does not regulate private employment,” U.S. District Judge Robert Jonker wrote in a 20-page opinion.

 

“Rather, the Act provides a potential defense to criminal prosecution or other adverse action by the state. … All the (law) does is give some people limited protection from prosecution by the state, or from other adverse state action in carefully limited medical marijuana situations.”

 

He said the law “says nothing about private employment rights. Nowhere does the (law) state that the statute regulates private employment, that private employees are protected from disciplinary action should they use medical marijuana, or that private employers must accommodate the use of medical marijuana outside of the workplace.”

 

Casias' attorneys, including the American Civil Liberties Union, claimed that his firing undermines the law, and forces medical marijuana users to choose between jobs and medicine.

 

But the judge wrote: Under the theory of Casias' attorneys, “no private employer in Michigan could take any action against an employee based on an employee's use of medical marijuana. This would create a new protected class in Michigan and mark a radical departure from the general rule of at-will employment in Michigan.”

 

The judge also rejected a request to have the case remanded for trial in Calhoun County Circuit Court. Jonker heard arguments on the case in November, and signaled that Casias' attorneys had tried to expand the law to the workplace.

 

Casias, 30, maintained that he only used marijuana after his work shift, and did not use on the job. He was tested for marijuana after a workplace accident last year, and fired. His oncologist suggested he try using the drug.

 

Walmart's attorneys contended that the medical marijuana law wasn't intended to regulate businesses.

 

E-mail John Agar: jagar@grpress.com

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Why was this case in federal court?

 

So, is this the final ruling in the case of Joseph Casias vs. Walmart?

 

So, does the law protect employees who are working for the government? I'm kind of at a loss as to the "private employer" phrase.

 

Could an attorney please chime in here.....?

 

Mizerman

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He said the law “says nothing about private employment rights. Nowhere does the (law) state that the statute regulates private employment, that private employees are protected from disciplinary action should they use medical marijuana, or that private employers must accommodate the use of medical marijuana outside of the workplace.”

also rejected a request to have the case remanded for trial in Calhoun County Circuit Court. Jonker heard arguments on the case in November, and signaled that Casias' attorneys had tried to expand the law to the workplace.

 

 

idiot...

who writes this stuff...

apperantly this author didnt even bother to read the bill before they wrote this article:

section 4..

HELLO

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, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

 

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How about those Walmart Commercials with Michelle Obama. With her Eat Healthy Crap Campaign.

 

It should be outed as the Propaganda that it is .

 

Huge Violator of Human Rights, [Repressers] throughout the Americas !!!! North and South. Non Union, of course. wtf

 

Wonder where they're getting all that Exotic Fruit ? hmmmmmm .....

Edited by solabeirtan
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Not to sound like a jerk, but who wants to work for a Walmart anyway. Gives me another reason not to go there and more disgusting truthful things to say about Walmart to others. If he really wanted to stay employed there, he could have just had his doc write a script for marinol and been good to go.

 

I know its about our freedoms being taken away, so....sorry just had to vent a little about walmart. :growl:

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Joe was Employee of the Year ?

 

If he managed to achieve this level of performance, why on Earth should his Personal Life matter or his Medication, Especially if it's Legal and apairently not affecting his Work Performance.

 

In the Old Days such Accomplishments like this earned Recognition and Reward like a Raise in Wages or a Bonus, New ..... Something .

 

They should be so Fortunate. NOT !

 

So sorry Joe. Keep the Faith Baby ! Hopefully they Will see the Light, Right now its Just Illuminating there BIG FAT asses and showing their heads firmly implanted within .

Best of Luck Joe !

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I agree with you on all points bob. it's a sad day when discrimination and invasion of privacy into one's personal health care issues is overlooked. never did I think that I or is this group of people would or should have these problem.I've not been on the side of the coin its ugly.I'm a WASP! Thanks Again for all you do And everybody out here lending a helping hand . I DON'T UNDERSTAND WHY!0

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Our law, plainly read, protects patients from penalty from a business. The Act is not protecting patients from the LEO, judges, mean employers, and other mean peoples. I will protest in May with BB.

 

Do we need a new act that they will understand better? BB, to best protect patients, we may have to speak the "L" word.

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I am troubled that in America there is no harbour for the sick and dying. Judges reign supreme over the people. Former police officials conspire with criminals to overthrow the vote. Representatives scheme to distribute medical marijuana money among cronies. We must stand up and fight or surrender ourselves to tyrants. For me, I'll see you on May 25th and the people will take back their government! Semper FI and God Bless Joe, Bb

 

With you Joe. thanks.

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Now I'm even more upset.

 

I have always considered the story of Joseph Casias to be "the posterchild story" of what our law is supposed to protect.

 

He is a bona fide patient.

 

He was a model employee.

 

He is a cancer patient for crying out loud!!!

 

Blueberry, my wife and I are planning on driving to Lansing next week and visiting the offices of EVERY single person who is in our state legislature.

 

I'll be working on our "testimonials" this weekend and will put a copy for all of you to read on this website. It will be the same documents we will be sharing with every single member of the state legislature.

 

The gloves are off,

 

 

Mizerman

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Chanel 8 news said his lawyer said he will appeal. I wonder what would happen if someone went to their employer and said they wanted accommodation under the Americans With Disabilities Act to be allowed to have THC in their system. I think this may still be an argument for Joe in a law suite. After all they have to make "reasonable accommodation" under the act. What is not reasonable about setting aside a drug test if you have a card? I think 12 people would find it reasonable.

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Now I'm even more upset.

 

I have always considered the story of Joseph Casias to be "the posterchild story" of what our law is supposed to protect.

 

He is a bona fide patient.

 

He was a model employee.

 

He is a cancer patient for crying out loud!!!

 

Blueberry, my wife and I are planning on driving to Lansing next week and visiting the offices of EVERY single person who is in our state legislature.

 

I'll be working on our "testimonials" this weekend and will put a copy for all of you to read on this website. It will be the same documents we will be sharing with every single member of the state legislature.

 

The gloves are off,

 

 

Mizerman

 

 

Are we required to call ahead to make an appointment now since the incident in Arizona? I would really like to do what you and your better half are going to do and meet face to face with them to show we are not monsters.

 

They(legislature)have to be shown the personal side and demonstrate we are not "pot smoking sloths". I'll bring my med records with surgical notes and my Dr's testimonial on how cannabis allowed me to stop 90% of the narcotics pain pills I was taking.

 

I consider myself to be the average American citizen I worked my whole life paid my share raised a family with-out needing state aid thankfully and now because for whatever reason they have deny mine and all QP and CG the rights under our law.

 

Ed

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Are we required to call ahead to make an appointment now since the incident in Arizona? I would really like to do what you and your better half are going to do and meet face to face with them to show we are not monsters.

 

They(legislature)have to be shown the personal side and demonstrate we are not "pot smoking sloths". I'll bring my med records with surgical notes and my Dr's testimonial on how cannabis allowed me to stop 90% of the narcotics pain pills I was taking.

 

I consider myself to be the average American citizen I worked my whole life paid my share raised a family with-out needing state aid thankfully and now because for whatever reason they have deny mine and all QP and CG the rights under our law.

 

Ed

I began personal dialogues with these representatives we all e-mailed. I spoke with three different one's this afternoon.

 

They were all pleasant to talk with. This isn't a time to be mean, mad, or angry. This is a time for face-to-face education and to show them we are just your normal patients.

 

We are in constant chronic pain and we choose to medicate with cannabis vs taking all the pharmaceutical crap.

 

I e-mailed them my side effects list of all the medications we are prescribed.

 

Those of us who are able to e-mail, write, call, fax, or...go to their offices...we should do so.

 

For my wife and I it truly is about a "quality of life issue" in a nutshell.

 

Those of you who live in the Lansing area - or within an hour or so - should plan on contacting (at the very least) your representatives in Lansing and introduce yourselves to them and show them we are just like them.

 

Then, maybe...just maybe...they'll develop a conscience and do the right thing and drop their being so collectively hell bent on thwarting the will of the people!

 

How do you think the Republican Party would react if all of the democrats decided to try and "invalidate" the election results of Governor Snyder?

 

Don't you just think they might be just a tad bit pizzed off that their votes were being taken away from them?

 

They don't like this law.

 

We, the people, approved this law.

 

We, the people, need to make damned sure we get to keep our law. Sitting this one out is simply NOT an option.

 

Just my two cents after watching Bill Maher and about to crash for the evening...

 

 

 

Mizerman

 

p.s. this is the judge who ruled against Joseph -

 

Robert Jonker

From Judgepedia

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Robert James Jonker (b.1960) is a federal judge for the United States District Court for the Western District of Michigan. He joined the court in 2007 after being nominated by President George W. Bush.

 

Contents [hide]

1 Early life and education

2 Legal career

3 Federal judicial career

4 References

 

Early life and education

Born in Holland, Michigan,Jonker received a Bachelor's degree from Calvin College in 1982, and a Juris Doctor degree from the University of Michigan Law School in 1985.[1]

 

Legal career

Jonker was a law clerk for the Hon. John F. Feikens in the U.S. District Court for the Eastern District of Michigan from 1985 to 1987 before entering private practice in Michigan until 2007.[1]

 

Federal judicial career

Jonker was nominated to the United States District Court for the Western District of Michigan by President George W. Bush on March 19, 2007, to a seat vacated by Gordon Quist. Jonker was confirmed by the U.S. Senate on July 9, 2007, and received commission on July 16, 2007.[2]

Edited by mizerman
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Is this judge even from Michigan? Did he vote in the Michigan polls?

 

Maybe he wanted his vote his way.

 

Look this judge is appointed by Bush. Bush never could complete a sentence. This judge can't read!!! AHHH,,,the good ol' boy system is still alive. Who cares how the people vote, the check and balance is in the courts and the government owns them too.

 

Makes me mad to see the three sticking togather to keep us pee-on's in check. BIG government, BIG judicial rulings (for government and big busneiss), and BIG companys. They own us and there is nothing we can do about it. Soooooo.... Pay your taxes, buy your meds from the major pharmacy only, and shop at you local A&P store (JK Big busneiss ran them out years ago.)

Edited by badinuf
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