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Feb. 13th, 2011 05:10 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
novapsycheWal-Mart employee fired for medical pot loses case -- I disagree with the logic of the decision. Honestly, it does not follow from the facts known about how marijuana metabolizes in the body.
Seriously. Do employers fire those hurt on the job who may, for example, take Vicodin for chronic pain? The metabolite stays in one's system for around three days. That does not mean that the person who was injured took the medication (or opium, its precursor) immediately prior to sustaining said injury.
Also, the law in question, the Michigan Medical Marijuana Act, states:
I am not a lawyer, but forgive me for thinking, totally commonsensically, that dismissing an employee counts as "disciplinary action".
At least the plaintiff will appeal.
Seriously. Do employers fire those hurt on the job who may, for example, take Vicodin for chronic pain? The metabolite stays in one's system for around three days. That does not mean that the person who was injured took the medication (or opium, its precursor) immediately prior to sustaining said injury.
Also, the law in question, the Michigan Medical Marijuana Act, states:
Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card 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[.]
I am not a lawyer, but forgive me for thinking, totally commonsensically, that dismissing an employee counts as "disciplinary action".
At least the plaintiff will appeal.