Uh, I watched the video you linked to, and nowhere does it say WalMart won't fight the unemployment claim... What's your source for that statement?

We should all storm WalMart en mass and TRASH THE PLACE.

Got any recent articles on the recent state of equal opportunity employment law? How about privacy? How about human rights? How about medical care? This is far more than simply an issue of marijuana use.

WalMart wouldn't dare to do such a thing. The publicity would kill them. If Casias sues them, they'll never push this into a federal court. He can easily pull it off.

Dude, give it a rest. You're not a lawyer, just playing one on the internet.

These cases need to be resolved in an actual court, and not here on current.com....

Laws are made to be broken. What's legal today maybe illegal tomorrow and then legal again the next day. It's questionable that what WalMart did is legal on many more levels than simply a federal law on controlled substances.

This has to do with a person's right to medical treatment, to medical care, to freedom in the workplace, to privacy, to equal opportunity employment practices. The list goes on and on. It's quite likely any number of these trespasses made by WalMart will not be vindicated by some simple ass controlled substance law that hardly applies to medical use of marijuana free and clear of further interpretation and application to individual circumstances.

In short Mr. Casias may have violated a federal law on controlled substances. Though that is questionable and something to be hashed out in court. But the real issue here is what laws did WalMart break in violation of human rights, equal opportunity employment, privacy, and infringement upon a person to maintain their health without fear of retribution from a corporate entity. WalMart has a lot more liability than Casias does. If this were ever to go to court, and God willing I hope it does, WalMart will most likely compromise to let him off in a negotiation for Rossiter to let WalMart off.

It's not Casias who is the real criminal. It's WalMart.

Jon said:

"It's not Rossiter who is the real criminal. It's WalMart."

You are simply repeating your own conclusion, when what you wrote is not conclusively settled in anyone's mind but yours. Read the article I posted above, which confirms that the issue is far from settled.

Occhipij said:

"I mean, unless you *want* to create ambiguity, just because you don't like the law...ah, there's the heart of it right there."

Dude, read the above article, as it's clear you didn't. Here's an excerpt:

"Taken on doctor's recommendation or not, pot use remains illegal under the federal Controlled Substances Act. But in October the Department of Justice announced that federal agents will target users and distributors only when they violate both federal and state laws.

Where does that leave employers? It's all uncertain legal ground."

See, it doesn't matter if it's illegal by Federal law if the DOJ says they won't ENFORCE the law, UNLESS it violates State AND Federal laws. Now if you want to sue DOJ for not doing THEIR job, have at it, LOL!

And the only reason the situation appears ambiguous is because it IS ambiguous, at this time. See, this is not unusual when States pass laws that appear to conflict with Federal laws: it happens ALL the time.

The feds are not prosecuting Casias. He is not liable for any infringement under any federal law, except withing the confines of your obtuse mind.

But WalMart has indeed broken state employment laws regarding employment, equal opportunity, privacy and possibly more.

Until the feds charge Casias federal law dos not apply, and they won't charge him. Have you ever heard of the federal government prosecuting people for use of medical marijuana? No. For one thing, the feds are not concerned about drug use on an individual level. They care about trafficking and such. They want the big guns. What are they going to do? prosecute the state for having legalized medical marijuana?

The fact is that if this plays out in court it will likely make a case for federal legalization. It is WalMart and the federal laws you cite that are in jeopardy, not Mr. Casias.

LOL! So you're saying that the "dazed and confused" look should be organic, only? :)

Funny how people decry "The Man's" desire to sedate peepol in a permanent-impaired status to make it easier to manipulate them, but then whine when the government tries to take their bud so they're clean and sober.

Further proof that Americans "want their cake and want to eat it, too", after having been raised for decades to be in-bred with a massive sense of entitlement.

He DID NOT SMOKE on the JOB. Can you read English? AND medical marijuana IS a LEGAL PRESCRIPTION!

ok im kinda confused on what side of the subject you guys are on, whether your being sarcastic or honest with your comments.

@Davidod
if you are being honest with your comment your whole view on that argument is wrong. the drugs the govt authorizes and makes themselves mostly all have side effects that are more harmful then the ailments and illnesses themselves. More people have died because of and are addicted to FDA approved drugs than any of you could ever hope cannabis could accomplish to do.

as for progresshiv.... your really confusing as hell... if your serious your sick.

id rather a person be on something, that doesn't impair their motor skills and ability to control their mental faculties, that helps them get through the day with pain or anxiety or specifically in this case cancer; than have them in pain on top of everything else they have to deal with in their lives... and thats the thing its their lives, who the hell are we to say anything about what a person can or cant smoke, drink or do as long as they aren't harming anyone else.

Where'd you get the idea that an employer cannot terminate you if you're using ANY medication where the employer's pre-employment job requirements specifically disallow it's use?

Employers are subject to STATE law, including civil rights and equal opportunity laws. It may be a complex issue to be tried in court. But it's likely this man has a case against WalMart for violating his human and civil rights. What he does on his own time is his business. WalMart has no right to regulate what drugs people tale legally as prescribed to them by their doctors. If doctors prescribe medical marijuana then businesses have no right to disqualify and fire people for using it legally. Illegally is another issue that does not apply here.

I say take WalMart to court and see where the chips fall. No doubt such a case would have political impact and shake up the system, maybe even give the feds second thoughts about legalizing it across the board.

As you suggested, it's a complex case which needs to be addressed in court; there's no prior law, and it's a "grey area" of the law.

Just realize that if WalMart DIDN'T enforce their own pre-employment contract by firing him automatically upon testing positive, they're undermining their own ability to fire ANYONE for drug use, whether it's claimed as "medical" or not.

So in a sense, WalMart is between the proverbial rock and a hard place, and cannot cut slack for this guy without having another employee raise a future challenge based on, "well, you let that Joe guy slide, so why not me, too?"

No doubt some pro-marijuana special-interest group will take on the case on a pro-bono basis. WalMart obviously has deep pockets to fight, and obviously this guy is broke.... Any pro-doobie group might just be willing to let this one slide, and take on a less-fearful advocate to challenge the same issue.

Point is, be careful before getting into bed with an employer like WalMart, because they'll easily be able to roll over on you.

Anyone want to vote for Pres. WalMart? Now THAT would be cool! :)

the pharma companies can kiss my ass. they created a bullshit legal drug system so they could make money off unsafe drugs they know can kill people... hundreds of thousands of people die each year from the same pharma and FDA approved drugs your defending.

so really i ask you, why would you want to kill people who only seek help just for money? and one thing is that you could make sooo much more money off cannabis as a medicinal substance than most highly expensive drugs combined.

with that being said, its really more like you just want people to suffer and die while spending more and more money on prescription meds that dont do shit and that are just about or even more harmful than they illness they are fighting.

your fucked up, and everyone thats for cannabis prohibition is fucked up... all the deaths that are a result of this failed drug war are on your hands because you want to keep something illegal that shouldn't be in the first place; murders from drug trafficking interceptions, fire fights with feds that raid "legal" medical cannabis farms, drug dealers shooting each other for turf and money and innocent bystanders either get injured or die also.... the list just goes on and all are a result of this cannabis prohibition which is a horrific failure.

why make soo many people suffer and die because of what you like and dont like?

You also missed the fact that HE USED IT OFF THE JOB.

WalMart has no right to tell people what to do in their private life. If he came to work stoned that's one thing. But that did not happen.

WalMart gave this guy accolades as an Associate of the Year! So this is evidence that indeed he did not impair his judgment ON THE JOB. His use was OFF THE JOB, and legal under law.

So WalMart is the one liable for invasion of privacy and equal opportunity law violation. WalMart can not win a case against this man for his use of marijuana without being liable for equal opportunity or privacy rights infringement. A judge would likely find either WalMart alone or both parties in violation of law at worse, and for Joseph Casias' right to employment at best. WalMart is not an innocent victim here.

WalMart is the one liable for illegal practices not Joseph Casias.

Not for medical use when approved as such by state governments. Show me the law.

http://www.law.cornell.edu/uscode/21/usc_sec_21_00000812----000-.html
You're standing on shaky ground. There is indeed a differentiation between medical and other use. It's quite likely this man would have a case against WalMart.

Folks, Mightyjoemite just set a new world record for the longest run-on sentence, without using a SINGLE pesky period ANYWHERE.

Boycotting periods, are you? Not a big fan of the concept of sentences, eh? :)

man this guy "daviod" sure knows a lot about world records..... he has claimed two on this page so far...... everyone needs to get up to speed on their grammar now that he is around

ITS A fucking POST...usually quick comments i dont think people are to worried about grammar, its more about getting your point across

man, i just thought all those with bad grammar must be smoking cannabis why else who we have such a lack of educaton.....its a joke so you dont get the wrong impression as did "davidod"

ps i went back and remove all my periods...... duh

Show me the law.

I wish I could boycott periods, but alas! I have a vagina... :-(

LOL! Sounds like a bit of TMI, but okie: I'll take your word for it. :)

you are fucking RIDICULOUS do you have that post saved on your computer? i have seen you post the same thing over and over. this article has nothing to do with cannabis effecting one's mind. it is about a good employee losing his job b/c he medicates.

GET OVER "WEAK MINDED" that is basically your only response to cannabis. you should just change your name to "GODSNWEAKMINDSNLIBERALS"

In my opinion people that depend on religion are weak minded, as well as liberals that try to impose their beliefs and morals on the rest of the world, and then have the nerve to judge everyone as a whole...

Stereotypes are for the weak minded...

Irie said:

"In my opinion people that depend on religion are weak minded, as well as liberals..."

AND

"Stereotypes are for the weak minded..."

And there you have it, folks: a NEW WORLD RECORD for the fastest self-contradictory hypocritical back-flip ever witnessed on current.com.

Irie decries the use of stereotypes, and only seconds later proceeds to conjure up a hefty dose of stereotypes. Not even seemingly bothered by any sense of cognitive dissonance that usually would be induced moments after implicating oneself as 'weak minded'. Kudos!

And there's the heart of the problem: you have to POSSESS cognitive awareness BEFORE you can EXPERIENCE cognitive dissonance!

Nevertheless, let Irie's example serve as a warning to all of the young impressionable readers on current.com about how marijuana will only weaken your powers of cognition, and let you experience the pleasant 'buzz' of impaired reasoning, AKA of early-onset Alzheimer's/juvenile-onset dementia. It's a HOOT, I tell ya'!

PS although in all fairness, we cannot lay ALL the blame for Erie's impaired capacity at the feet of smoking dope, since it's hard to know what Irie was like BEFORE he started inhaling; that cognitive impairment MAY be what doctors refer to as a "pre-existing condition".

PS the use of that disclaimer "in my opinion" is the most worthless crap out there: of COURSE you're offering your opinion. If not yours, then WHO'S opinion are you offering here? Someone else's? Duh!

lol i thought "godsn liberals" would of called me out first.......

it was more a joke to make a point..... people that "depend" on anything are weak.

i just think saying cannabis users are "weak minded" over and over is ignorant. there have been a lot of cannabis users throughout history that have made great contributions to this world. and please inform us all how you can prove that "marijuana will only weaken your powers of cognition"

oh yeah and the whole liberal thing is a huge joke..... liberal ha....who

im starting to get tired of people blaming cannabis for things like being stupid and committing crime...

first, being stupid is totally up to the person point period, the decision to learn something is completely up to them and cannabis does not stop them from doing so(just like it hasn't stopped me). and if a person is smart they would be able to use their knowledge to speak correctly and not contradict themselves, but if a person didnt have the mental capacity to do so in the first place then you cant blame a plant for a persons stupidity and ignorance. Cannabis does not stop you from using your intelligence, it just allows you to have more fun and wind down after a hard days work.

now i know no one mention crime but thats also blamed on cannabis, just like alcohol is... now im not here to defend alcohol but it shouldn't be blamed for someone beating someone or running someone over with a car, a person did that and its their stupid ass decision to do those things. allow me to elaborate.

before a person goes out to a club to drink they already should have a way to get back home, whether it be a friend, cab or a bus; however if they make the choice to drive home drunk and hit someone(not saying hitting someone was the intention) they already made that choice before they took that first drink or before they left the house... meaning the decisions to do things like killing, raping, or stealing were already made and in the persons mind; i will say that alcohol however impairs your ability to control your mental faculties, but it doesn't make you do anything.

and the same thing is true with cannabis except that when under the influence of cannabis you have full control of your mental faculties, and anyone who says that cannabis made them do something is lying and using cannabis as an excuse, giving cannabis a bad name.

What happened to a person should be held accountable for their actions? now everything is blamed on substance abuse, all thats just an excuse. dont blame cannabis or alcohol for murder, its the persons fault.... just like guns, guns dont kill people, people kill people.

haha you gotta get your piece of mind in on anything involving weed. maybe if you smoked it youd realize how fucking dumb you are for trying to change anything by continuing to troll on current.

weed is poison..maybe if you get off smoking weed long enough to sober upyou would realize how dumb you are...

WELL eventually you will after 10 years when you are dependent on weed and working for wall-mart and hoping that people would find pity on your ass..KINDA LIKE THIS GUY..

WTF are you talking about. If someone is using something for a legitimate illness or condition, how does that make them "weak minded?" Has no one ever asked you to smoke weed with them or something?

rant rant rant.... people work for walmart b/c walmart comes to town and takes over all business. how can mom & pop businesses compete with an international corporation?
people are forced into working at walmart.
So let just says this walmart is in a small town....so you quit and now where do you get a job? the hardware store, pharmacy, grocery store, clothing store..... and then you realize shit they arent around anymore walmart has everything at lower prices and more selection.

HERE IS ANOTHER EXAMPLE OF YOU NEEDED TO EDUCATE YOURSELF BEFORE HAVING AN OPINION....... and cannabis users are weak minded

i dont think that Michigan has the same attitude towards med cannabis as Cali....lil' more strict

ok have you read any of my previous replies to you?

there will always be people that will take advantage and distort things to better fit their own personal goal. Still there is no reason to say that most of the people that smoke dont actually have a good reason too; whether it be to wind down after a 40-45hr work week day, or it be to help alleviate pain or illness.

and for that last lil sentence, "those who find comfort using drugs ARE WEAK MINDED", have you ever taken Tylenol, aspirin, Excedrin, Advil, cough syrup, even those candy cough medicines.... they are all drugs.. and i can almost guarantee that you have used at least one of the mentioned or the like, which means you just called yourself weak minded.

Don't forget caffeine!

Marijuana isn't physically addictive so the chances that someone would become "dependent" on it are pretty slim.

Down with corporate personhood! Government backed corporatism is the problem!

show use the conviction behind those words..throw that corporate computer out the window..

hahahah like i said man..people who smokes weed wont go out there and protest...they are too stoned to get off that sofa...hell shit if they do manage to peel thier asses away from that sofa, they might even go in for some chips and dips.HHHAHAHAHHAHAHH

or they have real lives that don't allow you to drop everything and protest..... even if people did protest it wouldn't matter to walmart....they own like half the united states and just bought out a mexi corp for like half of the latin american grocery and "walmart" like stores....they would just laugh.

So, he is not allowed to take medication if the company says so?

The firm has the right to not continue his employment. He just needs to get a job somewhere else. Why work for a place that doesn't support you anyways...

Burning real wealth is going to help starving people?!?

I say, stop permeating society with ideals of collectivism and marijuana would've never been illegal in the first place. Not only that, most employers wouldn't take it so seriously had collectivism and prohibitions not ruled the day. People hate marijuana because of government brainwashing to hate it. Wal-Mart DOES have the right to terminate his employment, although I think it's stupid. You should do more research on freedom principles, stop listening to Fox News and the rest of the Keynesians on CNN, ABC, CBS....

Think for yourself! Peace

Is this "conspiracy to incite riots"? WOW, dudette, you need to smoke MORE weed and take a chill pill, lol!

Excuse me sir but you apparently did not read my post, I'll give you another opportunity by copying and pasting part of the first line of my original comment: wal-mart is legally within their rights to fire this guy... You missed that? And I think I'm going to anger some people because many believe it's not fair to battle wits with an unarmed person but when you attack me over something we apparently agree upon, you think I'm not going to get pissed? I don't fucking watch news so you can take your holier-than-thou mindset, turn it sideways, and stick it up your candy ass!

I don't want to incite riots, I want to burn down Wal-mart. You want to know how? Buy a pack of cigarettes (make sure that FSC is not printed by the bar code, because they are fire safe cigarettes and useless for this purpose) and remove the cotton part of the filter, leaving the paper intact. You'll also need a crapload (that' an actual term of measurement) of matches and carefully grid the tips to dust. Then fill in the recently vacated filter with the powder, twisting the end shut. You may want to prepare a few. Light them outside, you've got about 7 mins to casually walk through the store and drop them under big displays of fluffy things (ex. stuffed animals, pillows, towels, etc.)... That would be great. While it may seem like a bad idea to some (shnklinmike seems to think so) wal-mart pays their employees less then every other company in the US when you compare wages to profit margins. w-m has also put out nearly every small business in every town it has come to, taking wealth only for the CEOs, not increasing the wealth of the general population. All the weed in the world won't increase my sympathy for selfish fools.

Yep. Every time I think of the big bad Patriot Act, I wet myself a little. But this isn't the first time I've advocated burning down wal-mart, and if they want to arrest me, I've already worked out some clever and offensive things to say to the investigators when they question me. They want to arrest me on a suspicion? That's fine with me. The experience will build character, and I could use the story to gain sympathy. Hell, maybe someone will see me as a martyr and do all the work for me, 'cause if I tried it myself, I'd probably burn to death, I've just got the worst luck that way. Now, if they were going to arrest me for something, it would be because of what I suggested we do to Geithner because THAT was fucked up.
But aside from all that, if the government is really afraid of what I might do, you might want to look somewhere else for your protection, and it would really be quite flattering if they felt I needed to be removed from society for the safety of society. I'm only violent in my head so if they're afraid of my brain, well, that would be like making me a supreme being who is responsible for your spontaneous combustion. In reality they'll just bully me into working for them (because my mental prowess) and that's when all of you need to be worried.

You should watch the film Reefer Madness, the government put this scare tactic out years ago and the people are STILL brainwashed by it to some effect or another. It's all about fearmongering.

And that would be completely wrong.

If you think for example, that an airline is going to allow pilots to operate aircraft, EVEN IF under a doctor's Rx, then you have no idea what you're talking about.

Perhaps you're right! Walmart employees should be under the same substance restrictions as airline pilots! That makes perfect sense.

He was not using it on the job!! Your post is completely irrelevant. What are you, Republican?

We agree! Not only that, you can't even get high off of Hemp. Check out our endorsed sites at http://donatetofreedom.com

honestly...i do not think a lot of these pot smokers care about "cheap and sustainable biofuel", most if not all, just Trojan horse their own sinister agenda behind something benevolent..

good ..make sure stay there

Don't just free weed, free our People!

When do we want it? NOW!

Clearly, WalMart can go fuck off.

so its your right to get stoned over you employers right to chose what mind frame they wan there employees? to funny.

I dont believe employers have the right to control what form of medication the workers use.

HE DID IT OFF THE JOB.

OFF -- THE --- JOB

Which of these words can you not understand?

Try having cancer and say that, sadist.

>implying weed is the only way to treat cancer?

@ corn dog,

that is the difference between skilled labor and unskilled labor.

okay does he have cancer??

I run very expensive machinery at work. I also have a prescription for Vicodin, and it isn't some made up bullshit about being under stress. It's a real prescription, not a "recommendation". I don't take them, because if I piss out some opiates, which Vicodin are, I lose my job. It's a choice that I have to make, same with WalMart guy. It's known where I work that if you piss dirty, and i don't care if you ate 9 poppy seed bagels this morning, you are down the road. They pay me enough to come to work straight.

I don't see what the big stink is. It's in the rules that you signed when you went to work there. If you don't agree with the policy, go work somewhere else. I hear that to be a roofer, you have to have a prison record, and be under the influence of drugs and alcohol to do that kind of work.

HE DID IT OFF THE JOB.

OFF -- THE --- JOB
OFF -- THE --- JOB
OFF -- THE --- JOB
OFF -- THE --- JOB

Which of these words can you not understand?