Another ex-employee has won in court after losing their job due to their authorized possession and use of medical marijuana. It’s a story that’s repeating itself across the country. So much so, in fact, that New York lawmakers want to ban most workplace THC tests the moment the state legalizes marijuana. This time, however, the story involves an Arizona Walmart that fired an employee in 2016 because she tested positive for cannabis. But last week, an Arizona judge ruled that Walmart discriminated against the woman when it terminated her for her medical marijuana use. Importantly, the judge’s ruling sets a key legal precedent for medical cannabis patients in Arizona.
Arizona Judge Rules That Drug Tests for THC Can’t Determine Impairment
Carol Whitmire is in her 50s. She worked at Walmart for eight years before her manager fired her. And for the last five years, Whitmire has been a registered medical cannabis patient in Arizona. Whitmire told the court that she used medical cannabis to treat her chronic shoulder pain and arthritis and as a sleep aid. She says she consumed cannabis before bed and never brought her medication to work or showed up under the influence.
But on May 21,