Law and disorder

Even though it's not an election year, when it comes to medical marijuana, you have to consider Michigan a battleground state. The battles over who, where, when and how medical marijuana can be used and distributed are being fought in the courts, and although some of them may be settled this year, it will probably take another couple of years before all of the present cases are finally put to rest.

One of the key cases is the American Civil Liberties Union suit against Wal-Mart for firing Joseph Casias. Casias, of Battle Creek, is a cancer patient who uses medical marijuana at his oncologist's recommendation. After injuring his knee at work he took a required drug test, which found he had been using marijuana — legally under the Michigan Medical Marihuana Act.

"There are now two big motions before federal Judge Robert Jonker that were argued back in November," says ACLU of Michigan staff attorney Dan Korobkin. "One is a motion to remand the case to the state court. The second motion, Wal-Mart filed to dismiss the suit entirely. ... It was a fairly lengthy hearing and we expect a ruling any day now. He [Judge Jonker] has to decide the first motion, whether the case is heard in state court or federal court. If it stays in federal court, then he'll rule on the dismissal. This is the first big case in Michigan about the rights of medical marijuana patients who also have jobs. This is a case about whether a medical marijuana patient has to choose between making a living and supporting a family or treating a medical condition and pain based on the advice of a doctor. When the law was enacted, citizens said you shouldn't have to make that choice."

Once those motions are ruled on, and assuming there are no appeals, then the actual case will be argued — or be done with if Wal-Mart gets its way. Casias was named Associate of the Year in 2008 at the Battle Creek Wal-Mart and had an exemplary employment record.

"Following all rules of the Michigan Medical Marijuana Act protects you from being fired by Wal-Mart or any other employer," says Korobkin. "We don't argue that you can use marijuana and show up at work under the influence. He was fired for just being a medical marijuana patient."

In an unrelated case, the ACLU has sued Livonia, Bloomfield Hills and Birmingham on behalf of registered medical marijuana patients Linda Lott and her husband Bob, who live in Birmingham. Linda has multiple sclerosis and Bob, her caregiver, has glaucoma. He would like to grow marijuana in a Livonia warehouse he owns, and she would like to medicate at a private social club she belongs to in Bloomfield Hills. In the past year, each of those cities passed a law completely banning medical marijuana in defiance of state law.

"How can a city completely ban medical marijuana?" asks Korobkin.

They've done it, but now we'll eventually find out if they've done it legally under Michigan law.

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