You can be fired for using medical marijuana, justices rule

Employers in Washington state are allowed to fire employees who fail a drug test, even if they have valid medical-marijuana authorization, the state Supreme Court ruled Thursday.

Seattle Times staff reporter

 

It turns out that you can be fired for legally using medical marijuana in Washington state.

The Washington state Supreme Court ruled Thursday that TeleTech Customer Care, a Colorado-based firm that handles customer service for Sprint from its Bremerton facility, was allowed to fire a woman for failing its required drug test.

The plaintiff, who sued under the pseudonym Jane Roe, was pulled out of her training class after a week and fired Oct. 18, 2006, because she failed a pre-employment drug test. She had a valid medical-marijuana authorization from a doctor.

In court documents, the company said its contract with Sprint required drug testing and makes no exception for medical marijuana.

Roe's attorney argued that state law implied employers had to accommodate medical-marijuana use outside the workplace. The court disagreed in a 8-1 decision, explaining that the law explicitly permits employers to disallow on-site medical-marijuana use, but remains mum about medical-marijuana use outside the workplace.

The state Supreme Court majority opinion noted that the state Human Rights Commission, which investigates employee discrimination cases, cannot pursue claims related to medical-marijuana use because it is illegal under federal law.

Michael Subit, Roe's attorney, said the law needs to be modified to protect employees' right to use medical marijuana outside of work.

"The court said it wasn't clear enough, so I hope the Legislature or the voters [through the initiative process] make it clear enough that no one can mistake it in the future," he said.

Justice Tom Chambers wrote the dissenting opinion, arguing that voters' intent in passing the medical-marijuana law in 1998 was to protect patients prescribed marijuana for medical purposes.

He pointed out that TeleTech had a drug-screening policy that prohibited employees from using marijuana, even if it did not affect job performance. In fact, TeleTech did not argue or offer evidence that the marijuana Roe used to control migraines impaired her ability to work.

Chambers wrote that the court's decision "jeopardizes the clear policy" of the 1998 voter initiative and would discourage other people from seeking legal medical-marijuana treatment for fear of losing their jobs.

Information from The Seattle Times archives is included in this report.

J.B. Wogan: 206-464-2206 or jwogan@seattletimes.com

 

http://seattletimes.nwsource.com/html/localnews/2015274787_medpot10...

Views: 55

Comment

You need to be a member of 12160 Social Network to add comments!

Join 12160 Social Network

Comment by TommyD on December 21, 2011 at 12:49am

You can't fire me...I'm self employed.

"Destroying the New World Order"

TOP CONTENT THIS WEEK

THANK YOU FOR SUPPORTING THE SITE!

mobile page

12160.info/m

12160 Administrators

 

Latest Activity

Doc Vega posted a blog post

A Cure for Cancer?

 How many of you have agonized over seeing little kids at St. Jude’s Hospital with brain cancer,…See More
8 hours ago
Евеліна posted a blog post

Розумний дім: як технології роблять життя комфортнішим

Що таке розумний дімРозумний дім — це система сучасних технологій, яка дозволяє автоматизувати…See More
12 hours ago
Less Prone commented on tjdavis's photo
Thumbnail

Shabby Road

"Total disregard of public places. Import it to the west and call it enrichment. "
Sunday
tjdavis posted a photo
Sunday
Doc Vega posted a blog post
Saturday
Less Prone favorited Doc Vega's photo
Friday
Less Prone commented on rlionhearted_3's photo
Thumbnail

What the fuck?

"When will the perverts picked out of the government and positions of power for thorough…"
Friday
Less Prone favorited Doc Vega's blog post The Re-Evaluation of our Current Reality
Friday
Less Prone favorited Doc Vega's blog post Former Naval Physicist and Photo Analyst Bruce Maccabee’s Wife Sees Alien Predator!
Friday
Doc Vega's 6 blog posts were featured
Friday
cheeki kea's blog post was featured
Friday
james will's 2 blog posts were featured
Friday
Less Prone left a comment for Роман
"Welcome on board. Your input is welcome, but could you provide a translation in…"
Friday
Less Prone left a comment for Tina Sullivan
"Did you lose the password= As far as I know we have changed nothing her. Continue as Sullivan."
Friday
Doc Vega posted a blog post

Death of an F-106 Pilot in Pursuit of the Unknown

 The year in between 1970 and 1972 on July 14 on a single night when a series of events led to the…See More
Thursday
Tina Sullivan left a comment for Less Prone
"Hey, buddy!  You're right, I can't get into my account!  "
Thursday
rlionhearted_3 posted photos
Thursday
Doc Vega posted a blog post

The Re-Evaluation of our Current Reality

 Surprisingly, there has been talk of mankind being enveloped in an artificial reality for decades…See More
Mar 11
tjdavis posted videos
Mar 11
Sandy posted a video

Source: Havana Syndrome investigation is "a massive CIA cover-up" | 60 Minutes

For years, the U.S. government has doubted the stories of those suffering from AHI, commonly called Havana Syndrome. Now, victims hope that reports of a newl...
Mar 11

© 2026   Created by truth.   Powered by

Badges  |  Report an Issue  |  Terms of Service

content and site copyright 12160.info 2007-2019 - all rights reserved. unless otherwise noted