JUDGE DISMISSES MEDICINAL MARIJUANA LAWSUIT

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JUDGE DISMISSES MEDICINAL MARIJUANA LAWSUIT

 

by Josh Farley

Source:Kitsap Sun

Washington

NORML

Daily News

07 Feb 2008

 

PORT ORCHARD - A county judge has dismissed a lawsuit filed by a

woman who was fired for failing a drug test, even though she claimed

she was using medicinal marijuana legally under state law.

 

The woman had sued Colorado-based TeleTech, which has a call center

of almost 700 employees in East Bremerton off Highway 303. She

worked there briefly, but after a drug test in October 2006, she was

fired, although she told her employers that she was recommended to

use pot by a physician.

 

Superior Court Judge Sally F. Olsen offered no opinion as to the

dismissal, only to say that there was " no genuine issue as to any

material fact, " in the case, which was argued before her in Kitsap

County Superior Court Dec. 14.

 

" We're very pleased with the court's decision, " said attorney Jim

Shore, of the Stoel Rives law firm that represented TeleTech.

 

Shore had argued before Olsen that the Medical Marijuana Act, passed

by Washington voters in 1998, was not intended to create employment

protections to people using marijuana for medicinal purposes.

 

The woman's attorneys vowed to appeal the case.

 

The woman, dubbed " Jane Roe " in court documents by her lawyers

because marijuana is illegal in any quantity federally, had sought

$75,000 in damages. But the law firm representing her wants to

create a legal precedent for employees that have recommendations from

doctors to use marijuana.

 

They plan to submit the case to the Washington State Supreme Court

for possible direct review, said attorney Michael Subit of Frank,

Freed, Subit and Thomas of Seattle. Failing that, it could go to the

one of the state's court of appeals divisions for a hearing, he

said.

 

" We believe the voters and the Legislature intended employers to have

the duty to accommodate their employees' off-site use of medicinal

marijuana, " he said. " We understood when we took ( the case ) this

would be a long battle. "

 

A recently decided California Supreme Court case has similarities to

the TeleTech lawsuit. By a 5-2 vote, that court ruled in January

that employers can fire workers who use medical marijuana even if it

was legally recommended by a doctor.

 

 

© 2006 NORML

 

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