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Judge Rules Against Walmart For Firing Employee With Medical Marijuana Card

(The Hill)


Aris Folley 02/13/19 12:22 PM EST


A federal judge ruled against Walmart in a recent lawsuit for terminating an Arizona employee who possessed a valid medical marijuana card after a drug test of the worker came back positive, the Phoenix New Times reports.


U.S. District Judge James A. Teilborg ruled last week that the company violated the nondiscrimination provision in the Arizona Medical Marijuana Act by eliminating the employee even though it couldn’t prove she was impaired by using the drug at work, according to the local publication.


Joshua Carden, an attorney representing Carol Whitmire, called the judge’s ruling the “first of its kind in Arizona” in a statement to the Phoenix New Times on Tuesday.


"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.


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