Washington Supreme Court Reviews Medicinal Marijuana in the Workplace

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Stoel Rives attorney Jim Shore discussed in The Seattle Times the application of employer drug policies under Washington's medical marijuana law. The Washington Supreme Court recently heard oral arguments in a case involving a plaintiff who was fired for failing a pre-employment drug test, even though she had valid authorization from her doctor. Washington currently permits medicinal marijuana use, although under federal law any use of marijuana is illegal.

Shore, who represented the employer in the trial court, appellate and Supreme Court proceedings, referenced recent legislative efforts to include employment protections for medicinal marijuana as evidence the current law does not contain them. "If one is seeking to create workplace rights, the Legislature should put it out in front for the voters, so people know what it's about," he said. "The [medical marijuana] initiative passed by the voters was never intended to create workplace rights."

"Can legal use of medical marijuana get you fired? State Supreme Court to decide" was published by The Seattle Times, February 27, 2011.

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James M. Shore
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