Charter therefore respectfully requests that the Court dismiss Plaintiff’s Count I- Wrongful Discharge, Count III- Declaratory Judgment, and Count IV – Discrimination, with prejudice. 5 Plaintiff admits that as written, MCA § 50-46-320(5) immunizes Charter from Plaintiffs’ WDEA and MHRA claims. Therefore, should the Court dismiss or decline to hear Plaintiff’s third claim seeking a declaratory judgment that Sections 50-46-320(4)(b) and (5), MCA are unconstitutional, the Court should also dismiss Plaintiff’s WDEA and MHRA claims.

CONCLUSION Montana has conclusively determined that the rights afforded under its Medical Marijuana Act cannot serve as a basis for a WDEA claim or a claim for discrimination under the Human Rights Act. As Plaintiff’s alleged legal use of medical marijuana is the basis for Charter’s termination of his employment, his first and fourth claims are barred by MCA § 50-46-320(5) and should be dismissed. The Court should also reject outright - or exercise its discretion to decline to hear - Plaintiff’s third claim seeking a declaratory judgment that Sections 50-46-320(4)(b) and (5), MCA are unconstitutional where Charter’s allowance of its employees’ use of medical marijuana would conflict with its obligations under the federal Drug-Free Workplace Act, where using marijuana is a not a substantive right to which Plaintiff is entitled, and where Plaintiff cannot prove that the provisions are unconstitutional beyond a reasonable doubt.

CONCLUSION Montana has conclusively determined that the rights afforded under its Medical Marijuana Act cannot serve as a basis for a WDEA claim or a claim for discrimination under the Human Rights Act. As Plaintiff’s alleged legal use of medical marijuana is the basis for Charter’s termination of his employment, his first and fourth claims are barred by MCA § 50-46-320(5) and should be dismissed. The Court should also reject outright - or exercise its discretion to decline to hear - Plaintiff’s third claim seeking a declaratory judgment that Sections 50-46-320(4)(b) and (5), MCA are unconstitutional where Charter’s allowance of its employees’ use of medical marijuana would conflict with its obligations under the federal Drug-Free Workplace Act, where using marijuana is a not a substantive right to which Plaintiff is entitled, and where Plaintiff cannot prove that the provisions are unconstitutional beyond a reasonable doubt.

2. However, the statute permitting medical use of marijuana in Montana, MCA § 50-46-320, specifically provides that “[n]othing in this part may be construed to permit a cause of action against an employer for wrongful discharge pursuant to 39-2-904 or discrimination pursuant to 49-1-102.” Therefore, Plaintiff’s first claim should be dismissed with prejudice. 3.