It’s official, today Colorado’s Supreme Court ruled that employers can fire workers who use marijuana for medical reasons, even though it’s legal in that state! SERIOUSLY?!
The case involved Brandon Coats, a quadriplegic who was fired by Dish Network in 2010 after he failed a company drug test for pot. Mr. Coats even had doctor’s authorization to use medical marijuana and despite stating that he never used it at work or was ever under the influence during work hours, Dish’s “zero tolerance” policy put this to rest real quick.
“Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute,” said the court’s decision. This is in response to a previously established law in Colorado, which protects employees from being discharged for “lawful activities.” The court ruled the law pertains solely to activities, which are legal under both state and federal law. The bigger picture, some speculators are stating, is that this could echo throughout the marijuana industry to other states that are considering legalization.
In a statement to CNN, Coats said, “Although I’m very disappointed today, I hope that my case has brought the issue of use of medical marijuana and employment to light. If we’re making marijuana legal for medical purposes we need to address issues that come along with it such as employment.”
What do you think?
MAPH Enterprises, LLC | (305) 414-0128 | 1501 Venera Ave, Coral Gables, FL 33146 | new@marijuanastocks.com
3 comments
Makes you wonder if such laws will be obliterated if cannabis is legalized on a federal level. One might think they would be, but since states are allowed to create their own laws on things such as alcohol it’s more than possible they’ll be allowed to do the same with cannabis.
For instance, though booze is federally legal, a state can choose to be dry if it wishes. This ruling points up the fact that states would be able to keep such draconian measures as giving employers the final say on what employees may do on their own time and for their own health intact, no matter what the federal government, (and even the state itself), deems legal.
After living here in Colorado for nearly 60 years, I still can’t figure out how this state can be so forward thinking in some ways and so backwards in others.
I’d like to know if the state law specifically says that also following federal law was mandated in the state statute. If not, perhaps the State of Colorado needs to be sued for entrapment, or needs to protect Mr. Coats because he lost his job based on Colorado law. In any event, Dish should give Mr. Coats his job back, with all back pay. I’m sure the zero tolerance policy of the Dish Network, was written before Medical Marijuana became legal in Colorado, hence, the zero tolerance policy needs to specifically sate that Medical Marijuana is, or is not, an allowed substance under such policy.
I see it as being able to suit the employers for discrimination because these persons have disabilities that require them to be on medical marijuana for what ever their going through. Where as they will not fire those that are on pain pills or other medications, or even alcohol.