cannabisnews.com: You Can Be Fired for Using MMJ, Justices Rule
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You Can Be Fired for Using MMJ, Justices Rule
Posted by CN Staff on June 09, 2011 at 18:18:25 PT
By J.B. Wogan, Seattle Times Staff Reporter
Source: Seattle Times 
Washington State -- 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.WA State Supreme Court Decision (PDF): http://seattletimes.nwsource.com/ABPub/2011/06/09/2015278482.pdfSource: Seattle Times (WA)Author: J.B. Wogan, Seattle Times Staff ReporterPublished: June 9, 2011Copyright: 2011 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/URL: http://drugsense.org/url/H8Q5L7GACannabisNews Medical Marijuana  Archiveshttp://cannabisnews.com/news/list/medical.shtml 
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Comment #9 posted by HempWorld on June 11, 2011 at 11:38:33 PT
OT In my ongoing research on the origins of hemp
and cannabis prohibition, I just found out that Hitler was Time Magazine's "Man of the Year" in 1938.I was watching documentaries on netflix and I can snap pictures to add to my on-line body of research, which I am now adding more pictures such as the one from IBM's founder and chairman Thomas Watson having lunch with the fuhrer. And more, I continue in horror and amazement.Enjoy ...
Hitler Time's "Man of the Year 1938"
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Comment #8 posted by The GCW on June 11, 2011 at 05:37:49 PT
Captain Ajnag,
In Washington, I believe the election to legalize cannabis is this year; 2011. 2012 will be Colorado and California potentially. 
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Comment #7 posted by BGreen on June 10, 2011 at 10:53:42 PT
I'll say it again and again
Drug testing has not given us better employees. Drug testing has done nothing to help us get better service. Drug testing hasn't given us happier employees. Drug testing has just given us dysfunctional and nearly worthless employees who, although they may not use illegal "drugs," most have serious problems in other areas of their psyche and/or personal life.I've argued all along how much better we would be to eliminate drug testing in favor of IQ testing. We'd have much better employees and these worthless trolls, working only because they piss clean, can be unemployed just like their unemployable and ignorant asses should have been all along.The Reverend Bud Green
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Comment #6 posted by Hope on June 10, 2011 at 09:44:06 PT
Sprint
If you already have a contract with Sprint, perhaps a goodly number of emails concerning this situation from customers would help.
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Comment #5 posted by ekim on June 10, 2011 at 09:42:25 PT
US MI:
US MI: Attorneys Defending Clients' Medical Marijuana-Relatedhttp://www.mapinc.org/drugnews/v11/n380/a03.html?1042
[ Post Comment ]


Comment #4 posted by runruff on June 10, 2011 at 09:15:20 PT
Meanwhile...
...the hemp solution is kept waiting in the wings.
[ Post Comment ]


Comment #3 posted by afterburner on June 10, 2011 at 08:44:44 PT
Vote with your feet, your dollars, your ballots! 
"In court documents, the company said its contract with Sprint required drug testing and makes no exception for medical marijuana."Solution: boycott Sprint. No dollars for companies that discriminate against Washington medical cannabis patients."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."The real bad guys/gals: the wimpy federal government that outlawed a medically approved treatment in 1937 against the advice of the AMA and then compounded the problem by being afraid to admit they made a scheduling error by classifying cannabis as Schedule 1 in the 1970 CSA.
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Comment #2 posted by CaptainAjnag on June 10, 2011 at 01:13:28 PT:
Ridiculous
She had a valid medical-marijuana authorization from a doctor.So if you go by state law, this is clearly discrimination...but if you go by federal law its just.....illegal???I can't wait til the 2012 election.
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Comment #1 posted by Zandor on June 09, 2011 at 19:20:29 PT
It's a states right issue
Another state giving up their own states rights to the Feds...what other civil rights will the state give up i wonder?
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