The federal district court in Arizona has discovered that implied rights exist for medical marijuana users to sue employers. The employee in Whitemore v. Wal-Mart Stores, Inc., was subjected to a drug test following a workplace injury. When she was terminated after she tested positive for marijuana, she sued the business, arguing that she had previously disclosed information that she was a registered user of medical marijuana. Although the employer argued that the medical marijuana law does not provide a private right of action, the court turned to the interaction of the medical marijuana law with the state’s drug testing law, finding that the test results alone were not sufficient to support a good faith belief that she was impaired at work.
