The Washington Supreme Court will soon be deciding an interesting question that has until now been unanswered. Can legally using medical marijuana get you fired from your job? Local News | Can legal use of medical marijuana get you fired? State Supreme Court to decide | Seattle Times Newspaper
A woman who is going by a pseudonym, Jane Roe, will soon find out. She was fired from her job in 2006 while working for Teletech Customer Care, a call center in Bremerton for failing a drug test. She explained that she had an ongoing problem with migraine headaches, and that marijuana was the only drug that gave her relief. She had worked for the company once before, and was looking to be rehired. While she was in the training program, they gave her a drug test, which she failed. She explained that she could provide a doctor’s note, but they refused to accept it.
Both sides of the marijuana debate are watching this case closely. Business groups are concerned that the court could define marijuana use as a disability, and therefore protect patients from being fired.
Marijuana advocates feel that a troubling trend is developing, with similar cases in Oregon and California finding for the employer. Kris Hermes, a spokesperson for American Safe Access, a national medical marijuana advocacy group reports that there are 15 states that now support legalized marijuana, but do not have any employment protections. He said, “We hear reports all across the state of instances of employment discrimination, and the remedy is extremely limited.”
In 1998, the marijuana initiative included a sentence that says it does not require “any accommodation of any medical use of marijuana in any place of employment.” In 2007, the initiative was amended stating “any on-site medical use.” The law does not mention medical marijuana use outside of the work place.
This issue usually arises with pre-employment drug testing, though employers can also conduct a drug test for cause. A survey taken in 2006 by the National Association of human-resource managers reported that 84% of companies do indeed drug test newly hired employees, and 40% perform random drug tests.
As for Jane Roe, she has thus far lost in trial court. The Court of Appeals found for Teletech, contending that the marijuana law only provides a defense in the face of criminal charges. She, as well as marijuana advocates and opponents alike, will now wait for the Supreme Court to decide.