Rally for fired medical pot patient

BATTLE CREEK, Mich. (WOOD) - A rally was held Sunday in support of Joseph Casias, a registered medical marijuana user and cancer patient who was terminated from his job at Walmart late last year.

Casias, a five-year employee, was fired after testing positive for a controlled substance: marijuana.

"If I take a medication that I have a legal right to take, why should I lose my job for that?" Casias said. "Especially when I gave everything I had for them (to) try to be a role model employee."

He has a prescription for the drug and said he uses it for pain from sinus cancer and an inoperable brain tumor he has been suffering from for the past 10 years. Marijuana is one of the only things that can help get him through the tough times, he said.

Casias didn't use marijuana on the job or before work during his years at Walmart, he said. He hurt himself on the job, and after that, had a routine drug test.

That's when the controlled substance was detected. He told 24 Hour News 8 he showed his managers his medical marijuana card, but eventually was fired anyway.

"I'm just trying to control my pain," Casias said. "That's the only thing I'm trying to do here -- control my pain. I'm not an abuser of the drug or anything like that."

He said he shouldn't have been fired in a state where medical marijuana is legal.

The law on the issue isn't crystal clear. According to the text of the law at Michigan.gov, it says people using medical marijuana "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."

But later on, it says, "Nothing in this act shall be construed to require ... An employer to accommodate ... any employee working while under the influence of marihuana."

Casias and dozens of supporters gathered outside the Battle Creek Walmart, where Casias used to work, to protest. The group wanted him to get his job back, receive an apology from Walmart and a change in policy.

However, Casias said even if Walmart offered him his job back, he's not sure he would take it. At this point, he and his family are debating how far they will take this fight, he said.

"In states such as Michigan, where prescriptions for marijuana can be obtained, an employer can still enforce a policy that requires termination of employment following a positive drug screen," said Anna Taylor, of Walmart Corporate Communications in an e-mail. "We believe our policy complies with the law and we support decisions based on the policy."

Walmart should change its policy, Casias said.

"I think employees should be judged by the quality of their work, not the quality of their urine," said Greg Francisco, a protestor and the executive director of the Michigan Medical Marijuana Association. He told 24 Hour News 8 the ACLU is aware of this issue.

"(It's) overwhelming and I feel very blessed at the same time that all these people gave up their time to fight for this effort," Casias said.

Casias said Walmart is trying to challenge his unemployment benefits. He has a phone hearing scheduled at the end of March.

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On the Web:

More on the medical marijuana program, including statistics and how the law is written

Michigan Medical Marijuana Association