Facts: Petitioner Jane Roe’s employment with respondent TeleTech Customer Care Management, L.L.C. was terminated after a drug test revealed her use of marijuana for medicinal purposes pursuant to a prescription issued under the authority of the Medical Use of Marijuana Act (Washington Revised Code §69.51A). Roe subsequently filed suit against TeleTech Customer Care Management in the Superior Court for Kitsap County, asserting that her employment had been terminated in violation of §69.51A and that §69.51A establishes a clear public policy permitting marijuana use for medicinal purposes and therefore implies a civil cause of action for wrongful termination.  The trial court granted summary judgment for TeleTech Customer Care Management, holding that while §69.51A provides an affirmative defense to prosecution under state laws criminalizing the possession of marijuana, it does not require employers to accommodate employees’ use of marijuana for medicinal purposes and does not imply a civil cause of action for wrongful termination.  Upon appeal, the Washington Court of Appeals affirmed the trial court’s decision.  Roe appealed this decision to the Supreme Court of Washington.

Questions: Does §69.51A prohibit an employer from discharging an employee for the authorized use of marijuana for medicinal purposes?

Does §69.51A represent a clear mandate of public policy that implies a civil cause of action for wrongful termination?

Conclusion: Justice Wiggins’ opinion for the Court affirmed the Washington Court of Appeals, concluding that §69.51A does not prohibit an employer from discharging an employee for the authorized use of marijuana for medicinal purposes given that language in §69.51A declaring that authorized users of marijuana for medicinal purposes shall not be denied any right or privilege is limited in its application to criminal proceedings and does not impose any obligation upon private employers and given that §69.51A expressly states that employers are not required to accommodate on site use of marijuana for medicinal purposes in any place of employment.  The Court also held that §69.51A does not proclaim a public policy of removing all impediments to the authorized use of marijuana for medicinal purposes that would imply a civil cause of action for wrongful termination but rather was simply intended to provide an affirmative defense to criminal prosecution by the state.

Docket No. 83768-6 (from Court of Appeals Division II Case No. 38531-7)

Petitioner: Jane Roe

(Counsel: Michael Craig Subit and Jillian M. Cutler)

Respondent: TeleTech Customer Care Management, L.L.C.

(Counsel: James M. Shore and Molly Margaret Daily)

Briefs:

Argument: Tuesday, January 18, 2011 10:30am

[Source: TVW, http://tvw.org]

Decided: Thursday, June 9th, 2011

Prevailing Party: TeleTech Customer Care Management, L.L.C. (Respondent)

Vote: 8-1

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers
(Dissent)

Owens

Fairhurst

Johnson

Stephens

Wiggins
(Majority)