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 Colorado’s 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 court’s 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 ...
My BIL is stoned all day. It’s his default setting.
He also works in a sawmill so go figure.
His guardian angel probably has ulcers.
Why would anyone want to work for a place like that anyway? Vote with your feet - quit!
Only the state legalized weed - not the feds. You may not think the feds should even be involved, but if you work for a company that has a drug-testing policy, you shouldn't be using weed, even if it is "legal" in your state.
Vote with your feet - quit!
Did you not read the article? He can’t vote with his feet because they don’t work.
And don't ask me how I know. I still remember some things, even at this advanced age. :-)
Speaking in general. I’ve read many debates over the fact that people are upset about this.
No that’s not the problem. The problem is people who think they should be able to do as they please with no consequences.
Damn straight! Well said.
another great response!
I know. But I felt the need to pull a chain today. Have a great day!
In today’s litigious business atmosphere one critical defense against discrimination lawsuits is consistency. If one drug user is fired the all drug users should be fired. You can blame the federal employment police for that.
Well played
Anytime r4u!
The entire legal system is in place to govern cause and effect, while also making use of cause and effect. When it comes to substances which cause erratic, dysfunctional, or maliferous behavior to the extent/effect life and property of others is, or is more likely to be effected negatively, then the law places strictures on those substances and penalties upon those who choose to imbibe depsite the prohibition.
The threat of penalty serves as a restraint, and the penalty serves the interest of justice. The question I think law needs to address is whether citizens should be retrained and punished merely on the basis of potential behavior, or on the basis of actual behavior. Because today’s laws are, IMO, draconian in their prohibitions and penalties when it comes to use of self-medications, stimulants, and the like, I am inclined to see the law applied to actual behavioral results as opposed to mere potential.
Meanwhile, I look for the day when I have travel privately with an ice cold brew in hand without fear of some mad prospect hounding me into loss of liberty. With the dawn of self-driving vehicles that day may be at hand.
It’s legal to smoke pot in Colorado
Wonder what the accident rate is at work places after they made pot legal in the stoner state?.
It doesn’t work like that. Any good news is good news, and any bad news isn’t relevant.
What bad news?
Probably makes the loss of the occasional finger easier to take.
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