Employers Have Interest in Medicinal Marijuana Law, TooOctober 19th, 2007 by josh farley
Josh Farley writes:
It isn’t just law enforcement and the state’s prosecutors that face challenges interpreting the state’s medicinal marijuana law — one that’s ambiguous in its nature and has no federal validity.
A lawsuit filed in Kitsap County Superior Court in February alleges a Kitsap woman was fired for failing a drug test — despite her disclosure to the company that she was a legal medical marijuana user under state law.
“Jane Roe” — whose actual name isn’t being used because of the federal prohibition of all marijuana — is suing TeleTech Holdings Inc., where she worked briefly as a customer service consultant in October 2006 before her termination. Her attorney, Michael Subit, of Seattle, says Roe used pot legally under the law for an illness but was still fired.
A tentative hearing before Kitsap County Superior Court Judge Sally Olsen Dec. 14 will aim to answer this question, Subit said: Does Washington Law prohibit an employer from terminating an employee who uses at-home medical marijuana in accordinance with the state’s med marijuana law?
“We hope to establish a precedent,” Subit said of the case, but because it is a new frontier in law, also cautioned: “There’s a good chance a Kitsap County judge won’t have the last word on this.”