Jody L. Savage v. Maine Pretrial Services, Inc.

2013 ME 9, 58 A.3d 1138, 34 I.E.R. Cas. (BNA) 1676, 2013 WL 174504, 2013 Me. LEXIS 10
CourtSupreme Judicial Court of Maine
DecidedJanuary 17, 2013
StatusPublished
Cited by10 cases

This text of 2013 ME 9 (Jody L. Savage v. Maine Pretrial Services, Inc.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jody L. Savage v. Maine Pretrial Services, Inc., 2013 ME 9, 58 A.3d 1138, 34 I.E.R. Cas. (BNA) 1676, 2013 WL 174504, 2013 Me. LEXIS 10 (Me. 2013).

Opinion

MEAD, J.

[¶ 1] Jody Savage appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing Count I of her complaint alleging that the termination of her employment by Maine Pretrial Services was a violation of the Maine Medical Use of Marijuana Act (MMUMA or Act), 22 M.R.S. §§ 2421-2430-B (2012). She argues that her application for a license to operate a medical marijuana dispensary was “authorized conduct” within the meaning of the Act and her subsequent termination was thus a penalty prohibited by the Act. We affirm the trial court’s judgment dismissing Count I of Savage’s complaint.

I.' BACKGROUND

[¶ 2] “In reviewing a trial court’s decision on a motion to dismiss pursuant to M.R. Civ. P. 12(b)(6), we view the facts alleged in the complaint as if they were admitted.” Ramsey v. Baxter Title Co., 2012 ME 113, ¶ 2, 54 A.3d 710.

*1140 [¶3] Jody Savage was employed as a ease manager for the Family Treatment Drug Court at the Lewiston District Court from June 1, 2009, through June 28, 2010. On March 1, 2010, Savage approached her supervisor to discuss her interest in applying for a license to open a registered medical marijuana dispensary. Savage and her supervisors had a series of additional meetings and communications on this topic. At some point, 1 Savage applied to open a registered medical marijuana dispensary.

[¶ 4] Beginning on or about April 12, 2010, Savage was disciplined for her work attire and implementation of the compen-sable time policy, despite not having changed her attire or behavior since she began working at Maine Pretrial Services. Savage was terminated from her employment at Maine Pretrial Services on June 28, 2010.

[¶ 5] Savage alleged in Count I of her complaint that her termination was a violation of the MMUMA. Maine Pretrial Services moved to dismiss Savage’s complaint on the ground that she failed to state a claim upon which relief could be granted. See M.R. Civ. P. 12(b)(6). The court granted the motion to dismiss with respect to several counts, including Count I. The parties later stipulated to the dismissal of the remaining counts, and the court entered its final judgment as to these counts on March 21, 2012.

II. STANDARD OF REVIEW

[¶ 6] “We review de novo the legal sufficiency of a complaint when it has been challenged by a motion to dismiss.” McCormick v. Crane, 2012 ME 20, ¶ 5, 37 A.3d 295. Statutory interpretation is also subject to de novo review. Ashe v. Enterprise Rent-A-Car, 2003 ME 147, ¶ 7, 838 A.2d 1157.

III. DISCUSSION

A. Analytical Framework

[¶ 7] When we interpret a statute “our objective is to give effect to the Legislature’s intent.” Id. ¶ 7. To determine legislative intent, “we first look to the statute’s plain meaning,” id., and construe the language “to avoid absurd, illogical, or inconsistent results,” Hanson v. S.D. Warren Co., 2010 ME 51, ¶ 12, 997 A.2d 730.

[¶ 8] Only if there is an ambiguity “will we look to extrinsic indicia of legislative intent such as relevant legislative history,” Lyle v. Mangar, 2011 ME 129, ¶ 11, 36 A.3d 867; the statute’s underlying policy, HL 1, LLC v. Riverwalk, LLC, 2011 ME 29, ¶ 17, 15 A.3d 725; and rules of construction, Hanson, 2010 ME 51, ¶ 12, 997 A.2d 730. Although each party argues on appeal that the plain language of the statute supports the party’s position, “a statute is not ambiguous simply because a court must exercise its function to interpret the statute’s plain meaning.” See Brooks v. Carson, 2012 ME 97, ¶ 19, 48 A.3d 224. Rather, a statute is ambiguous if it “can reasonably be interpreted in more than one way and comport with the actual language of the statute.” Gaeth v. Deacon, 2009 ME 9, ¶ 15, 964 A.2d 621 (quotation marks omitted). We do not conclude that the language of MMUMA at issue is ambiguous, and therefore we proceed to analyze the statute’s plain language.

B. Plain Meaning Analysis

[¶ 9] The section of the MMUMA at issue provides certain protections to those “whose conduct is authorized under” the chapter:

*1141 1. Rights of persons or entities acting pursuant to this chapter. A person whose conduct is authorized under this chapter may not be denied any right or privilege or be subjected to arrest, prosecution, penalty or disciplinary action, including but not limited to a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.

22 M.R.S. § 2423-E(l).

[¶ 10] At the outset we note that the last phrase of subsection 242S-E(1) limits its protections to those acts that constitute “lawfully engaging in conduct involving the medical use of marijuana authorized under this chapter.” 22 M.R.S. § 2423-E(l). Applying for a dispensary license does not, in any fashion, involve the medical use of marijuana. It is a preliminary step in a process that may or may not result in an applicant being granted a license and then, and only then, being authorized to operate a nonprofit dispensary, thereby engaging in conduct involving the medical use of marijuana. The statute’s plain meaning appears contrary to the interpretation Savage urges upon us. We nonetheless examine the structure and purpose of section 2423-E in the larger context of the entire chapter “so that a harmonious result, presumably the intent of the Legislature, may be achieved.” See Ashe, 2003 ME 147, ¶ 7, 838 A.2d 1157.

1. Structure of 22 M.R.S. §§ 2423-A through 2423-E

[¶ 11] The statutory section at issue is section 2423-E titled “Requirements,” which prohibits, among other actions, penalizing “[a] person whose conduct is authorized under this chapter” and discrimination by a school, employer or landlord in certain circumstances. 22 M.R.S. § 2423-E(l)-(2). It also sets forth the requirements for qualifying patients and primary caregivers to receive protection under the section. Id. § 2423-E(5).

[¶ 12] The other four sections, by their headings and substance, describe conduct that is expressly authorized by the MMU-MA. Section 2423-A, entitled “Authorized conduct for the medical use of marijuana,” authorizes a qualifying patient to possess and cultivate a certain amount of prepared marijuana or mature plants. Id. § 2423-A(l). It also authorizes a primary caregiver or hospice provider who has been designated by the qualifying patient to possess, cultivate, and provide marijuana to the patient. Id. § 2423-A(2)-(4). Section 2423-B, entitled “Authorized conduct by a physician,” authorizes physicians to provide a written certification that the patient requires marijuana for medical purposes. Id. § 2423-B.

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2013 ME 9, 58 A.3d 1138, 34 I.E.R. Cas. (BNA) 1676, 2013 WL 174504, 2013 Me. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jody-l-savage-v-maine-pretrial-services-inc-me-2013.