Mike Boyer achieved his goal of being the first customer to purchase marijuana from the first state licensed retail marijuana store in Spokane, Wash., emerging from the store on July 8 when the law went into effect shouting “Go Washington” to a cheering crowd of fans and in front of local television cameras.

In return, his employer, Labor Ready, a temporary employment company, no doubt watching his grand achievement on television, ordered him to report for drug testing, which he was certain to fail as his employer had an internal employment policy permitting drug testing and the right to terminate an employee for failing such a test.1