The Walmart employee in Michigan who was fired for his medical marijuana use – Joseph Casias – has lost the latest appeal of his wrongful termination lawsuit, this time in a Michigan Appeals court.

The court on Wednesday upheld a decision by a federal judge in Grand Rapids, who said Wal-Mart Stores could fire an employee who tested positive for marijuana.

Joseph Casias was an inventory-control manager at a Walmart in Battle Creek until he tested positive for marijuana in 2009. He has a Michigan medical-marijuana card and uses pot to alleviate symptoms of an inoperable brain tumor and cancer.

Wal-Mart says marijuana use conflicts with its safety policy in stores.

The appeals court says the state medical marijuana law provides some immunity in criminal cases, but it doesn’t offer protection to people in the workplace.

A shame for Joseph, and this story really highlights how careful advocates have to be when drafting potential medical marijuana laws. Specific protections for everyone who uses medical marijuana have to be included. Patients with jobs can find themselves unemployed if their state’s medical marijuana law doesn’t include a provision protecting them.

– Joe Klare

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