[420 Girl]

Local companies are scrambling to decide what they would do if an employee was using marijuana for medical reasons.

Interest in company drug policies spiked after a Battle Creek area man said recently he was fired from Walmart on B Drive North after a routine drug test confirmed he had used marijuana.

Joseph Casias, 29, has a state license to grow, carry and use marijuana because he has sinus cancer and a brain tumor. The store fired him in November anyway. Casias did not return requests for comment.

Michigan voters in 2008 made marijuana use legal for patients with certain medical illnesses, including cancer, Hepatitis C, Alzheimer's disease, HIV and AIDS. The law does not protect people who use it at work, explained Greg Francisco, executive director of the Michigan Medical Marijuana Association.

"The law is very clear that employees cannot be intoxicated or use marijuana on the job, and nobody is saying anyone has the right to use marijuana on the job," he said. "At the same time, we would hope employers would have a sense of decency."

Francisco said Casias showed no signs of abusing the drug and he should have been treated like any other employee using a prescription painkiller or antidepressant to treat an illness.

"The man has terminal cancer," he said. "Why would Walmart want to add to that aggravation or stress?"

Walmart no longer is contesting Casias' claim for unemployment, a company spokeswoman confirmed Tuesday.

"This is just an unfortunate situation all around. We are sympathetic to Mr. Casias' condition but, like other companies, we have to consider the overall safety of our customers and associates, including Mr. Casias, when making a difficult decision like this," the company said in a written statement.

Area managers are anxious about confronting a similar medical marijuana scenario, said Dan Fry, marketing manager with HelpNet, an employer relations assistance program supported by Battle Creek Health System. Most companies and employees will need to examine their drug policies for guidance or face legal consequences.


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