The Washington Supreme Court has held that the state's Medical Use of Marijuana Act (MUMA) does not require that employers accommodate the use of medical marijuana. Roe v. Teletech Customer Care Management (Colorado) L.L.C. (June 9, 2011).
The MUMA decriminalized medical marijuana use under Washington law. The Washington court in the Teletech decision found, however, that while the MUMA provides a criminal law defense, it does not bar an employer from discharging an employee for using marijuana for medical reasons. In so finding, the Washington Court decision is in line with other courts in California, Montana and Oregon.
Accordingly, Washington employers can lawfully establish and administer drug-free workplace and testing policies prohibiting all marijuana use, and may take adverse employment action based on medical marijuana use by applicants and employees.