An Arizona federal judge has actually denied part of a motion filed by Walmart concerning the company’s termination of an employee hurt on the job because she, as an Arizona medical marijuana cardholder, legally had cannabis in her system. The judge kept in mind that Walmart disregarded defenses within the Arizona Medical Cannabis Act (AMMA).
The injured staff member said she ‘d used medical cannabis 12 hours prior to her scheduled shift, Service Insurance coverage reports. The injury report did not state that any improper task responsibility practices led to the injury.
In statement, the Walmart workers coordinator said, “Upon affordable belief [the worker's] positive test result for marijuana showed that she was impaired by cannabis throughout her shift that exact same day.”
The only reason for termination given up the employee’s termination records point to her favorable drug test. The staff member submitted a wrongful termination suit citing that the business broke the Arizona Medical Cannabis Act and Arizona civil liberties laws.
The judgment specifically kept in mind that, “… as Complainant mentions, ending a signed up qualifying patient who tests favorable for cannabis ‘despite whether the employee possesses a medical marijuana card and regardless of the level of cannabis identified’ makes up a ‘total and bright line disregard for the Arizona Medical Cannabis Act’s antidiscrimination arrangements “
The ruling, in part, stated, “Indeed, (parts of the) AMMA safeguards certifying signed up clients, like Plaintiff, who merely check favorable for marijuana metabolites. Without any evidence that Plaintiff utilized, possessed or was hindered by cannabis at work on (the day of her mishap) it is clear that Offender victimized Plaintiff in offense of … the AMMA by suspending and after that terminating Complainant entirely based on her positive drug screen.”
Walmart has not yet commented on their plans progressing concerning staff members who are Arizona medical marijuana clients.
Area 36-2813 of the AMMA reads, in part:
B. Unless a failure to do so would trigger a company to lose a monetary or licensing related advantage under federal law or regulations, a company may not victimize an individual in hiring, termination or enforcing any term or condition of work or otherwise penalize an individual based upon either:
1. The person’s status as a cardholder.
2. A registered qualifying patient’s favorable drug test for cannabis elements or metabolites, unless the client used, had or was hindered by cannabis on the properties of the place of work or throughout the hours of work.