The American Civil Liberties Union is appealing a decision that dismissed its lawsuit against a Michigan Wal-Mart for firing an employee for using medical marijuana.

U.S. District Court Judge Robert Jonker said Michigan’s medical marijuana law does not mandate that businesses make accommodations for employees. Joseph Casias was using marijuana to treat pain related to an inoperable brain tumor. Casias did not use marijuana at work, nor did he work while under the influence of marijuana.

The ACLU plans to appeal the decision to U.S. Court of Appeals for the Sixth Circuit. The case is the latest of several defeats for medical marijuana advocates. Judges have ruled against employees in both Oregon and Montana.

There have not yet been any lawsuits in Colorado.

“Today’s ruling does not uphold the will of the Michigan voters, who clearly wanted to protect medical marijuana and facilitate its use by very sick people like Joseph Casias,” said Scott Michelman, staff attorney with the ACLU criminal law reform project. “A choice between adequate pain relief and gainful employment is an untenable one that no patient should ever be forced to make.”

For past coverage on employers and medical marijuana use, click here.

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  1. It is about time that the ACLU speaks out on this subject and this is the perfect case to try it! Come on WalMart the man has an inoperable brain tumer for goodness sake! If smoking a little natural herb helps him and free’s him to choose between chemical toxicity and natural healing in his OWN body… then by all means… Americans everywhere should stand by this man! Don’t forget… he was following the laws in his state but now he is going to lose his job??? Don’t know about you but this just reeks!
    a declaration of independence

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