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Reputation: 9

if you are a legal medical patient is it legal for an employer to disqualify you for testing + for cannabis at a preemployment drug screen?

2 Answers

  • Sb_5516_press_conference_small
    Reputation: 68

    On April 1, the Washington State Supreme Court accepted review in the Roe v. TeleTech case mentioned by the Cannabis Defense Coalition. The ACLU of Washington submitted an amicus memorandum in support of Jane Roe's petition for review. We argued that when job performance has not been impaired, and the position does not implicate public safety, terminating a qualifying patient solely on the grounds of his or her medical use of marijuana constitutes an impermissible insertion of the employer into the doctor-patient relationship in contravention of clear public policy favoring medical self-determination.

    Oral argument should be scheduled in the Fall/Winter term.

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  • Cdc_logo_color_smaller_border
    Reputation: 39

    Currently, yes. Patients have no protections whatsoever in Washington State. They only get to tell a jury they had a reason to violate the law, and hope that jury determines they followed the letter of the law, as well as the various (misguided, conflicting) court rulings throughout the state that place additional, non-codified requirements on patients.

    I expect the ACLU can speak to this more effectively. They have taken on the case of Roe v. Teletech where a woman's pre-employment drug test came back positive for THC and she was fired from her telemarketing job.

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