Roe v. Teletech Customer Care Mgmt. (colo.) Llc

• Decision Date: 09 June 2011
• Docket Number: No. 83768–6.,83768–6.
• Citation: 257 P.3d 586,24 A.D. Cases 1281,171 Wash.2d 736,32 IER Cases 638
• Parties: Jane ROE, Petitioner,v.TELETECH CUSTOMER CARE MANAGEMENT (COLORADO) LLC, Respondent.
• Court: Washington Supreme Court

171 Wash.2d 736

257 P.3d 586

32 IER Cases 638

24 A.D. Cases 1281

Jane ROE, Petitioner,

v.TELETECH CUSTOMER CARE MANAGEMENT (COLORADO) LLC, Respondent.

No. 83768–6.

Supreme Court of Washington, En Banc.

Argued Jan. 18, 2011.Decided June 9, 2011.

Michael Craig Subit, Jillian M. Cutler, Frank Freed Subit & Thomas LLP, Seattle, WA, for Petitioner.James M. Shore, Molly Margaret Daily, Stoel Rives LLP, Seattle, WA, for Respondent.Alison Holcomb, Mark Muzzey Cooke, ACLU of Washington, Matthew Aaron Carvalho, Yarmuth Wilsdon Calfo, PLLC, Seattle, WA, amicus counsel for ACLU of Washington.Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, Deborah J. La Fetra, Pacific Legal Foundation, Sacramento, CA, amicus counsel for Pacific Legal Foundation.Jeffrey Lowell Needle, Maynard Building, Lindsay L. Halm, Schroeter Goldmark Bender, Seattle, WA, amicus counsel for Washington Employment Lawyers Association.WIGGINS, J.

[171 Wash.2d 741] ¶ 1 In 1998, the people of Washington exercised their constitutional power to enact legislation by initiative when they adopted the Washington State Medical Use of Marijuana Act (MUMA), chapter 69.51A RCW. MUMA provided an affirmative defense against criminal prosecution of physicians for prescribing medical marijuana and of qualified patients and their designated primary caregivers for engaging in the medical use of marijuana. In this case, we are asked to decide whether MUMA provides a private cause of action against an employer who discharges an employee for authorized medical marijuana use or whether MUMA expresses a clear public policy that employees may not be discharged for authorized medical marijuana use. We hold that MUMA does not provide a private cause of action for discharge of an employee who uses medical marijuana, either expressly or impliedly, nor does MUMA create a clear public policy that would support a claim for wrongful discharge in violation of such a policy.

FACTS

¶ 2 Jane Roe¹ suffered from debilitating migraine headaches that caused chronic pain, nausea, blurred vision, and sensitivity to light. Roe took over-the-counter pain medication and prescription drugs for her headaches, but she claims conventional medications did not provide significant relief. On June 7, 2006, Dr. William Minteer prescribed Inderal, advised Roe to discontinue other daily pain medication, and discussed with Roe the possibility of a couple of weeks of discomfort after switching to the new drug.

¶ 3 On June 26, 2006, Roe became a patient of Dr. Thomas Orvald at The Hemp and Cannabis Foundation (THCF) Medical Clinics in Bellevue. She completed a pain questionnaire, describing her average pain as an 8 on a 1–to–10 scale (where a 10 represented “[p]ain as bad as you can imagine,” Clerk's Papers (CP) at 196), and stating pain medications provided her “20%” relief. Id. at 197. Roe also stated that she already used cannabis more than four times a day, totaling around one gram. She stated she would use “50%” more cannabis if it were easier and cheaper to obtain. Id. at 194.

¶ 4 That same day, Dr. Orvald provided Roe with a document on THCF letterhead entitled “Documentation of Medical Authorization to Possess Marijuana for Medical Purposes in Washington State.” Id. at 269. In the authorization, Dr. Orvald stated he treated Roe for “a terminal illness or a debilitating conditions as defined in RCW 69.51A.010” and in his medical opinion “the potential benefits of the medical use of marijuana would likely outweigh the health risks for this patient.” Id. Upon receiving the authorization, Roe began using medical marijuana in compliance with MUMA. Medical marijuana alleviated her headache pain with no side effects and allowed Roe to care for her children and to work. Roe only ingests marijuana in her home.

¶ 5 On October 3, 2006, TeleTech offered Roe a position as a customer service representative at its Bremerton facility.² The offer was contingent on the results of reference and background checks and a drug screening. Roe was provided with TeleTech's drug policy requiring all employees to have a negative drug test result. The policy emphasized that noncompliance would result in ineligibility for employment with TeleTech. Roe acknowledged receipt of TeleTech's drug policy, informed TeleTech of her use of medical marijuana, and offered to provide the company with a copy of her authorization. TeleTech declined. Roe took a drug test on October 5, 2006, and started training at TeleTech on October 10. She continued to train and work as a customer service representative until October 18, 2006.

¶ 6 On October 10, 2006, TeleTech learned of Roe's positive drug test results. Roe's supervisor contacted TeleTech's corporate headquarters and confirmed the company's drug policy does not make an exception for medical marijuana. On October 18, TeleTech terminated Roe's employment.

[171 Wash.2d 744] ¶ 7 In February 2007, Roe sued TeleTech in Kitsap County Superior Court for wrongful termination.³ Roe claimed (1) TeleTech terminated her employment in violation of MUMA and (2) TeleTech terminated her employment in violation of a clear public policy allowing medical marijuana use in compliance with MUMA. Both parties filed motions for summary judgment. TeleTech asserted MUMA does not provide employment protections to medical marijuana users or a civil cause of action against a private party. It also argued federal law precluded MUMA's authorization of medical marijuana use. Finally, TeleTech argued MUMA has a narrow purpose—namely, to provide users and physicians with an affirmative defense under state drug laws, not to broadly entitle users to employment protections.

¶ 8 The superior court granted TeleTech's motion for summary judgment. Holding that MUMA provides only an affirmative defense to criminal prosecution under state drug laws and does not imply a civil cause of action, the Court of Appeals affirmed the superior court's grant of summary judgment to TeleTech. Roe v. TeleTech Customer Care Mgmt. (Colo.), LLC, 152 Wash.App. 388, 216 P.3d 1055 (2009). Based on the unambiguous language of MUMA, we affirm.

ANALYSIS

¶ 9 We review a lower court's grant of summary judgment and questions of statutory interpretation de novo. Hubbard v. Spokane County, 146 Wash.2d 699, 707, 50 P.3d 602 (2002); Rozner v. City of Bellevue, 116 Wash.2d 342, 347, 804 P.2d 24 (1991).

I. MUMA does not prohibit an employer from discharging an employee for authorized use of medical marijuana

¶ 10 Washington voters approved Initiative Measure 692 (I–692), MUMA, on November 3, 1998, and it is codified at chapter 69.51A RCW. The purpose section of the statute states: “The people of Washington state find that some patients with terminal or debilitating illnesses, under their physician's care, may benefit from the medical use of marijuana.” Former RCW 69.51A.005 (1999). The section identifies some of the conditions “for which marijuana appears to be beneficial,” including “some forms of intractable pain.” Former RCW 69.51A.005. The section continues:

The people find that humanitarian compassion necessitates that the decision to authorize the medical use of marijuana by patients with terminal or debilitating illnesses is a personal, individual decision, based upon their physician's professional medical judgment and discretion.

Therefore, the people of the state of Washington intend that:

Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, would benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana....

Id. The section also states the intent of the voters to provide a defense to caregivers and physicians. Id. A subsequent section of MUMA provides an affirmative defense to both qualifying patients and caregivers. RCW 69.51A.040(1).

¶ 11 The only reference to employment in MUMA as passed by the voters in the initiative provided, “Nothing in this chapter requires any accommodation of any medical marijuana use in any place of employment, in any school bus or on any school grounds, or in any youth center.” Former RCW 69.51A.060(4) (1999).

¶ 12 The legislature amended MUMA in 2007, declaring:

The legislature intends to clarify the law on medical marijuana so that the lawful use of this substance is not impaired and medical practitioners are able to exercise their best professional judgment in the delivery of medical treatment, qualifying patients may fully participate in the medical use of marijuana, and designated providers may assist patients in the manner provided by this act without fear of state criminal prosecution. This act is also intended to provide clarification to law enforcement and to all participants in the judicial system.

Laws of 2007, ch. 371, § 1. The legislature amended MUMA's reference to employment, revising RCW 69.51A.060(4) to read, “Nothing in this chapter requires any accommodation of any on-site medical use of marijuana in any place of employment, in any school bus or on any school grounds, in any youth center, in any correctional facility, or smoking medical marijuana in any public place as that term is defined in RCW 70.160.020.” RCW 69.51A.060 (2007 amendment italicized).A. The language of MUMA is unambiguous

¶ 13 The rules of construction applied to statutes also apply to initiatives. Amalgamated Transit Union Local 587 v. State, 142 Wash.2d 183, 205, 11 P.3d 762 (2001). The court's purpose when determining the meaning of a statute enacted by the initiative process is to determine the intent of the voters who enacted the measure. Id. This court focuses on the language of the statute “as the average informed voter voting on the initiative would read it.” Id. If the voters' intent is clear, this court need not look further. Id. (“Where the language of an initiative enactment is ‘plain, unambiguous, and well understood according to its natural and ordinary sense and...