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Medical Marijuana: Wrongful Termination For Resulting Positive To Drug Test

In a recent case, Whitmire v. Wal-Mart Stores Inc. (D. Ariz., 2019), the District Court of Arizona held that an employee who obtained a medical marijuana card has a viable claim for wrongful termination when the employer has terminated the employment for resulting positive to a drug screen test, without proving through expert testimony that the percentage of marijuana detected impaired the employee's ability to work.

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