Plaintiff, a cancer patient and Wal-Mart employee, was prescribed medical marijuana by his doctor for his symptoms, pursuant to the passage of the state’s medical marijuana law. Plaintiff used the marijuana outside of work, and his ordinary pain medication (less effective) while at work. Plaintiff maintained he never went to work under the influence of marijuana. One day while at work, Plaintiff injured himself by twisting his knee the wrong way while pushing a cart. When he had trouble walking the next day, his supervisor took him to the hospital, where a drug test was taken (automatically in the case of work injuries, pursuant to Wal-Mart policy). The test registered positive. Plaintiff showed his state medical marijuana registry card to show that he was an authorized user to both the testing staff, and to his supervisor and manager at work. Nevertheless, he was fired because of the positive drug test, in violation of Wal-Mart’s drug use policy. Plaintiff sued for wrongful termination, citing the terms of the state’ medical marijuana statute:

A qualifying patient who has been issued and possesses a registry identification card shall not be subjected to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act.

The appellate court determined that the case hinged on the meaning of the word “business” within the statute.

1. What was the legal issue? What did the court decide?

2. Why do you suppose that the employer ordered a drug test following the workplace  injury and decided to terminate the employee despite being aware of his lawful medical  use of marijuana? 

3. What does employment at will mean? How does it figure into the decision in this  case? 

4. Do you agree with the decision in this case? Why or why not?