>http://www.cnn.com/2010/LIVING/06/29/medical.marijuana.walmart.lawsuit/index.html?hpt=T2
>
>I'm not a big fan of the American Snivel Liberties Union (google ACLU and Walter Polovchak as an example of how perverse the ACLU has been), but I hope they sue the bejeezus out of Walmart.

This is a tough one. I've read a bit about this.

On the one hand Mr. Casias seems like the ideal case. He has worked for Wal-Mart since 2004. His doctor prescribed marijuana to help alleviate his cancer symptoms following passage of the Michigan state law in 2008. He never used during working hours nor was he under the influence while on the job. His drug test was administered following an on the job accident as a matter of procedure.

On the other hand, Wal-Mart must comply and balance many different state and federal regulations. As a matter of course they tend to abide by federal law where state/federal statutes differ. In that regard they are legally required to abide by federal statute or be found in violation of those federal statutes and face the legal ramifications. Federal law says marijuana is illegal. If Mr. Casias had injured someone else while on the job, Wal-Mart could be held responsible for having an employee who failed a drug test.

What a mess!

My personal opinion falls on personal and legal responsibility. Mr Casias had worked for Wal-Mart for 5 years at the time of his accident. There was another year between the law's passage and his termination. That's plenty of time to have familiarized oneself with the company's drug policy and possibly advocate to change the policy. However, that does not give one the right to simply go against the policy without ramifications. While compassionate to his plight, and remember, I fall on the legalization side of the marijuana debate, I do not see how Wal-Mart is in the wrong legally. This is frivolous to me.