My company has locations in Colorado. We have employees driving large box trucks all over the state. If one of our drivers smokes pot and gets into an accident, you think “it’s legal” will protect me from getting sued? HA!
Obviously, the statute does not cover on-duty activities. Employers can prohibit employees from being high on duty just like they can prohibit them from being under the influence on duty. Employers can prohibit employees from drinking, smoking cigs or pot while on duty.