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But I Have a Prescription!
In March 2010, national media attention focused on a Wal-Mart in Battle Creek, MI, after it fired a 29-year-old man who tested positive for marijuana use following a random drug test. What caught the attention of the media ' and employment lawyers ' was the fact that the employee was battling cancer and had a prescription for the use of medical marijuana. Media attention was mostly unfavorable toward the employer, and a lawsuit is expected.
A Difficult Question
Employers are increasingly facing the difficult question of how to handle employees who have valid state prescriptions for the use of medical marijuana. Currently, 14 states permit the use of medical marijuana: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington. Several other states are considering similar laws, and this November, citizens of California will have the opportunity to make recreational use of marijuana legal in that state.
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