Washington State Medical Marijuana Patient News

Woman Can't Use Medical Pot Law to Bolster Case

By JEFF GORMAN
Thursday, September 17, 2009
Last Update: 10:48 AM PT

(CN) - A woman who failed a pre-employment drug test can't use
Washington's Medical Use of Marijuana Act as a defense in her case
against the company that refused to hire her, a Washington appeals court
ruled.

Jane Roe, who did not give her real name because the medical use of
marijuana is illegal under federal law, sued TeleTech Customer Care
Management for rescinding its employment offer after Roe failed a
pre-employment drug test.

She claimed that TeleTech violated a public policy expressed by the
state through the Medical Use of Marijuana Act (MUMA).

The trial court sided with TeleTech, and the Washington Court of
Appeals, Division II affirmed.

"Because MUMA provides only a defense to criminal prosecution for
the medical use of marijuana in compliance with its provisions, the
trial court did not err when it granted TeleTech's summary judgment
motion," Judge Christine Quinn-Brintnall wrote.

"MUMA neither grants employment rights for qualifying users nor
creates civil remedies for alleged violations of the Act," the judge
added.

(Brett adds - You can read the published opinion at
http://www.courts. wa.gov/opinions/ pdf/38531- 7.09.doc. pdf)

http://www.courthou senews.com/ 2009/09/17/ Woman_Can_ t_Use_Medical_ Pot_Law\
_to_Bolster_ Case.htm