Worker fired for med pot appeals case

GRAND RAPIDS, Mich. (WOOD) - Attorneys for a Wal-Mart employee fired for using medical marijuana are headed back to court.

Attorneys for Joseph Casias are fighting once again -- not only to get his job back, but to get his case heard in state court.

Casias is the former Wal-Mart employee fired in November 2009 for using medical marijuana after he got hurt on the job.

Casias has a prescription for medical marijuana 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.

He worked at the Walmart in Battle Creek for five years and didn't use medical marijuana on the job or before work.

He hurt himself on the job, and after that, had a routine drug test, which is when the controlled substance was detected. Casias showed employers his medical marijuana card, but was fired anyway.

Casias sued the retail giant, garnering support from the ACLU.

But in February 2011, a federal judge threw out the lawsuit. 

More than a year later, Casias and his attorneys aren't backing down. Wednesday, they went before the U.S. Court of Appeals.

"He should keep his job because he was one a fantastic employee, he indeed was associate of the year," said Casias's attorney Dan Grow.

And, Grow said, Casias did not break the law.

"To be precise, [Walmart's] policy handbook asks their employees not to use illegal drugs. Under Michigan law, his use of cannabis was not in violation of Michigan law."

It's up to the 6th Circuit Court of Appeals to decide whether or not the case reopens and goes back to federal or state court.

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24 Hour News 8's Marlee Ginter contributed to this report.