Colorado court: Workers can be fired for using pot off-duty

Associated Press ^ | Jun 15, 2015 5:05 PM EDT | Kristen Wyatt

[Olog-hai]

Pot may be legal in Colorado, but you can still be fired for using it.

The state Supreme Court ruled 6-0 Monday that a medical marijuana patient who was fired after failing a drug test cannot get his job back. The case was being watched closely by employers and pot smokers in states that have legalized medical or recreational marijuana.

Colorado became at least the fourth state in which courts have ruled against medical marijuana patients fired for pot use. Supreme courts in California, Montana and Washington state have made similar rulings, and federal courts in Colorado and Michigan also have rejected such claims.

The Colorado worker, Brandon Coats, is a quadriplegic who was fired by Dish Network after failing a 2010 drug test. The company agreed that Coats wasn’t high on the job but said it has a zero-tolerance drug policy. …

[ImJustAnotherOkie]

Especially if you are a quadraplegic and limited to the practical jokes you can play on your bored coworkers.

[ConservingFreedom]

Well the strict libertarian tells the pot head to start his own company or search the classifieds and ask each hiring manager he manages to get an interview with if they have a drug policy

Naw, ask HR when an offer is made.

So now every pot head must start his own company or find a company that goes out of its way to hire the potheads that no one else wants.

Or stop smoking pot.

[ConservingFreedom]

Coats argued that his pot smoking was allowed under a state law intended to protect employees from being fired for legal activities off the clock. [...] The Colorado justices ruled that because marijuana is illegal under federal law, Coats' use of the drug couldn't be considered legal off-duty activity.

Quislings.

[GeronL]

It should be up to the employer

[DungeonMaster]

Marijuana is legal in CO. I hope I can always find a place to live where it isn't. That being said, this decision is bothersome. What's next? Firing people who smoke, consume alcohol, eat junk food, have tattoos? If it were an illegal substance there, I'd say fine.

Fast food restaurants used to avoid hiring people with a lot of ink. You may have noticed that is a thing of the past. They would have no one to hire if they stayed with that policy.

[ConservingFreedom]

It should be up to the employer

Natural law agrees with you - but Colorado law does not.

[colorado tanker]

The company can change its employment terms to allow pot usage for medical conditions and contractually he would be in the clear with them. It is not likely the company will do this because the feds consider marijuana to be a controlled substance.

True. This is going to be a problem until the Feds decide to take marijuana off Schedule I, where it never belonged in the first place. Regardless of your opinion about legalization, pot is not like heroin.

[Starstruck]

I’ve always thought drug test indicate lazy supervisors when people’s lives are not on the line. As a supervisor I want production. If an employee is producing, I want the guy working for me. If not then get rid of his ass. In other words I would never drug test a productive employee, but might be tempted to test a minority or disabled non-productive employee.

[Wolfie]

NO...... the detectable metabolites of pot stay in your system longer.

That really can't be repeated enough. The metabolites stay, the active ingredient wears off in a matter of hours. It is the metaboites that a drug test detects. Of course, lies being what they are, nobody on the Nanny State side of the argument will point that out.

[Cementjungle]

They should also be able to fire anyone who uses alcohol off hours too. What’s good for the goose...

[Olog-hai]

Well, railroads have “Rule G”, which does forbid consumption of alcoholic beverages by crew members (especially engineers) on call.

[shotgun]

You do know that most police departments don’t even ask the question of pot use to new applicants anymore because it would make the hiring pool too small...

[umgud]

You’re probably right. I hear a lot of police depts can’t diversify due to their minority’s criminal records.

[Cementjungle]

Yea, that makes sense if you’re on call and might have to go to work at a moment’s notice. I did the “on call” thing much of my career and it definitely put a damper on things that way.