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, Michael Evans, said in response to the
ruling that his client really had little choice on whether to use
medical marijuana, noting that it was the only drug Mr. Coats and
his doctor knew of that could control the seizures he suffered due
to his quadriplegia.
"Although I'm very disappointed today, I hope that my case has
brought the issue of use of medical marijuana and employment to
light," Mr. Coats said in a statement. "If we're making marijuana
legal for medical purposes we need to address issues that come
along with it such as employment. Hopefully views on medical
marijuana--like the ones in my specific case--will change
soon."
Dish Network said it was pleased with the court's decision. "As
a national employer, Dish remains committed to a drug-free
workplace and compliance with federal law," the company said.
Colorado's constitutional amendment that legalized recreational
marijuana expressly stated that employers wouldn't be restricted
from having policies that ban 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 has remained 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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