Posted on 06/19/2015 5:53:55 AM PDT by SeekAndFind
The Colorado Supreme Court has ruled that businesses can fire employees who use marijuana during their off-time, including those with a legal prescription for medical pot.
In a case that has been closely watched by employers in some states that have legalized marijuana for medicinal or recreational use, the Colorado court found that Dish Network lawfully fired a quadriplegic employee and medical marijuana user who failed a drug test. Customer service representative Brandon Coats, 35, used marijuana in his off-time to deal with painful muscle spasms.
The court ruled that the federal prohibition on pot makes the drug unlawful despite Colorados approval of its use for medicinal purposes. The ruling, while not binding in other states, adds to a series of court losses by medical marijuana patients who lost their jobs after using pot.
Coats sued after he was fired on June 7, 2010, alleging wrongful termination. He argued that marijuana was made lawful for the purposes of employment law when Colorado voters legalized it for medicinal use in 2000. Voters legalized it for recreational use in 2012.
A trial court dismissed Coats suit, saying the state's legalization of medical marijuana only provides a defense against criminal prosecution, and does not make the use of marijuana a lawful activity that is protected against employment discrimination.
When the case went to the Colorado Court of Appeals, justices differed with the trial courts reasoning, but still found that Coats was rightfully terminated because marijuana is prohibited by federal law.
The Colorado Supreme Court agreed with that reasoning, voting 6 to 0 with one abstention.
Nothing in the language of the [employment] statute limits the term lawful to state law, wrote Justice Allison H. Eid. Instead, the term is used in its general, unrestricted sense,
(Excerpt) Read more at latimes.com ...
Despite the fact that the employment statute in question is a state law. Quislings.
Sounds like up in smoke.
Unfortunately you are correct these days.
There are also liability considerations.
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