A Wal-Mart employee who had a medical marijuana card issued by the State of Michigan failed a company drug test and was fired. Earlier, the employee had been recognized by Wal-Mart as an exemplary worker; he received the designation of "Employee-of-the-Year".
When hired, the employee passed an initial drug screen. He was injured on the job in 2009, right around the time he received his medical marijuana certification. As a matter of company policy, he was administered a drug test in conjunction with the injury. The employee tested positive for marijuana.
When fired, the employee hired a lawyer and sued his former employer in federal court. The case against Wal-Mart was dismissed for "failure to state a claim". The employee appealed to the Sixth Circuit.
The Sixth Circuit affirmed the dismissal, holding that the Michigan Medical Marijuana did not insulate him from the legitimate policies of his employer; and that the protections afforded by the Act did not extend to a private business.
This is another decision in the growing area of medical marijuana jurisprudence.
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