Arizona: Federal Judge Rules Medical Cannabis Patient’s Firing Violated State Law

MJLegalThe case is Whitmire v. Walmart Stores Incorporated

ARIZONA: A private employer acted improperly when it fired a state-registered medical cannabis patient for failing a urinalysis drug screen, a federal judge ruled last week.

United States District Judge James A. Teilborg opined that Walmart violated Arizona law by terminating an employee solely for testing positive for the presence of THC metabolites in her urine. The carboxy-THC metabolite is an inert breakdown product of THC which may remain present in urine for weeks or even months following cannabis exposure.

Under Arizona’s voter-initiated medical cannabis access law, an employer may not discriminate in hiring or firing based solely upon a patient’s “positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.”

According to the US Department of Justice, urinalysis tests “detect drug use but not drug impairment. A positive test result … does not indicate abuse or addiction, recency, frequency, or amount of use, or impairment.”

In recent years, judges have similarly upheld patient protections in other jurisdictions, including ConnecticutMassachusetts, and Rhode Island.

The case is Whitmire v. Walmart Stores Incorporated.


cFor more information, contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500.

 

Air Force Warns Washington Airmen To Say No To Hemp Foods & Beer

WASHINGTON: In a post on the Joint Base Lewis-McChord website, 62nd Airlift Wing assistant staff judge advocate Capt. Christine Kugele warns troops to just say no to hemp:

Last year’s passing of Washington State Initiative 502 legalized marijuana under certain circumstances within the state. This has sparked innovation by some business owners around the state to find new applications for hemp. One example is using hemp seed to brew beer.

Airmen stationed here should be hesitant of these innovations regarding the ingestion of products that contain or are derived from hemp seeds or hemp oil.

In order to ensure military readiness, ingestion of any products containing or derived from hemp seed or hemp oil is prohibited. This prohibition includes ingesting products that claim to have removed all traces of THC from their product[Read more…]