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Courts across the country are bringing positive decisions that will actively help in keeping the rights of citizens protected, and that includes the citizens using medical marijuana.
Now that marijuana is slowly getting legalized it’s time for the courts to separate what protects and what violates the rights of citizens using marijuana.
Several weeks ago, the Governor of Florida Ron DeSantis committed to expanding the rights of medical patients so that they would be allowed to smoke medical marijuana under the law.
Another thing residents of Florida soon may be able to do is grown their own medical marijuana.
Last year, the Florida Department of Health appealed a decision by the Leon County Circuit Judge Karen Gievers which allowed patients to grow medical marijuana.
This week, appeals court Judge Scott Makar cited parts of the 2016 constitutional amendment and said that it doesn’t allow for patients to grow medical marijuana, only businesses.
One of the attorneys argued that a close reading of the amendment actually does allow patients to grow marijuana plants.
The ruling could take weeks or months, but it will ultimately decide whether growing medical marijuana in your home is allowed.
Judge rules against Arizona Walmart
When a Walmart in Arizona terminated one of its employees on the count of testing positive for marijuana on a drug test, the public didn’t see that as the right call.
According to the Arizona Medical Marijuana Act, employers do not have the right to terminate an employee contact on the basis of drug intoxication at work.
The courts said that Walmart broke the nondiscrimination provision in the Act by eliminating the employee, even though the company couldn’t accurately test for acute intoxication.
Joshua Carden, the attorney representing Carol Whitmire, called the judge’s ruling the “first of its kind in Arizona” in a statement:
“No court has officially decided whether a private right-of-action exists under the Arizona Medical Marijuana Act, so that was a big part of the decision,” Carden said.
Ms. Whitmire sued Walmart for wrongful termination and discrimination several months after she was fired when she tested positive for marijuana.
She explained that she used it to treat her arthritis, and she also suffered an injury at work while stacking bags of ice, one of which fell and hurt her wrist.
Whitmire is a registered medical marijuana user with a valid card issued by the State of Florida.
On the other side of the courtroom, Walmart’s attorneys argued that the company’s policy with regards to drug testing was protected under the state’s Drug Testing of Employees Act.
U.S. District Judge James A. Teilborg said that Walmart was “unable to prove that the Plaintiff’s drug screen gave it a ‘good faith basis’ to believe Plaintiff was impaired at work”.
Walmart said in a statement that the company works “every day to create and maintain a safe environment for our associates and customers. We are pleased the Court dismissed several of the claims, and we will continue to prepare our case”.
Whitmire will be reimbursed for damages and she may even be potentially reinstatement before the summer.
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