She disclosed that she had a state-issued medical marijuana card. Two months later, she was fired, with a positive drug test cited as the reason
Carol Whitmire liked her job as a customer service supervisor in a Walmart store in Taylor, Arizona, but it all starting falling apart the day a bag of ice fell on her wrist.
She told a supervisor her wrist still hurt and was sent to an urgent-care clinic by Walmart. At the clinic, her wrist was X-rayed and she took a urine test. No one at the clinic took her medical marijuana card, so Whitmire — anticipating that her employer would know that she had marijuana in her system — told her supervisor that she uses the drug for medical purposes.
In late March, the parties settled for an undisclosed amount, ahead of any damages proceedings. A Walmart spokesman said, “We work every day to create and maintain a safe environment for our associates and customers. We’re pleased we could resolve the matter with Ms. Whitmire.” Tricky legal terrain surrounding marijuana use and workplace rules Experts say such cases exist in a legal grey area. Employee protections vary across the 34 states and the District of Columbia where medical marijuana is legal. “It really is a patchwork,” said Paul Armentano, deputy director of NORML, an organization pushing to fully legalize marijuana.
The presence of marijuana’s high-inducing THC in a urine test doesn’t necessarily mean impairment, the company notes. The chemical can linger for up to a month with a test for a habitual user, it said.
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