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- 19 Jun
Colorado Supreme Court: Employers can fire for off-duty pot use
The Colorado Supreme Court voted 6-0 to uphold the right of employers to maintain a drug-free workplace. The decision upheld similar rulings by lower courts.
The case grew out of a lawsuit brought by Brandon Coats who was fired by Dish Network for failing a random drug test. He told Dish that he would fail the test because he uses marijuana to control leg spasms and showed officials his marijuana card. He said he only used the drug off the job, never at work, and was never stoned at work. Coats maintained he had the right to use marijuana for medical use because it is legal in the state and that a Colorado Legal Off-Duty Activities Statute protected that right.
The state Supreme Court, however, found that the use of marijuana under that statute is not lawful because “lawful” applies to both state law and federal law. The decision sets a precedent for employers throughout the state and the nation as well, given how other states considering legalization look to Colorado for guidance.
A major challenge comes from Keith Stroup, founder of NORML, which has advocated for legalization since 1970. Stroup writes in the Denver Post’s marijuana website called The Cannabist that the decision is “unfair,” and that legalization proponents will now have to go back to state legislatures where marijuana has been legalized for medical and/or recreational use to enact “appropriate job protections” for those who use marijuana legally under state law.
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