By Dan Frosch
The Colorado Supreme Court ruled Monday that employers can
lawfully fire workers for using marijuana outside of work hours,
even though the drug is legal in the state, upholding two lower
court decisions on the issue.
The case, which involved a quadriplegic man who lost his job at
Dish Network LLC after testing positive for marijuana in violation
of company policy, had been closely watched around the
country--especially in states where medical marijuana use is now
legal.
Brandon Coats, who has a state-issued medical marijuana license,
said that he used the drug only while off his job to help with his
disabilities. In a 2011 lawsuit, he argued that Dish violated
Colorado law by firing him for engaging in a "lawful" activity
while off work.
But in its unanimous 6-0 decision, the state Supreme Court sided
with Dish Network, which argued that marijuana remains illegal
under federal law and that employers should be allowed to maintain
a drug-free workplace. The court said the company didn't violate
Colorado's lawful activities statute when it fired Mr. Coats.
"The term 'lawful' refers only to those activities that are
lawful under both state and federal law," the decision said.
"Therefore, 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."
Mr. Coats's lawyer didn't immediately respond to requests for
comment on the ruling.
"We are pleased with the outcome of the court's decision today,"
Dish Network said. "As a national employer, Dish remains committed
to a drug-free workplace and compliance with federal law."
Colorado's constitutional amendment that legalized recreational
pot use expressly stated that employers wouldn't be restricted from
having policies that banned pot use by workers.
Some 23 states and the District of Columbia have now legalized
medical marijuana. Colorado and Washington state also permit
recreational pot use. But legal experts say it still remains
unclear how such laws affect employers and whether they can fire a
worker who uses the drug while off the job.
Write to Dan Frosch at dan.frosch@wsj.com
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