By Dan Frosch
The Colorado Supreme Court ruled Monday that employers lawfully
can fire workers for using marijuana when they're not on the job,
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
legal.
Brandon Coats, who has a state-issued medical marijuana license,
said that he used the drug only when he wasn't working 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 not on the job.
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 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 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.
Kabrina Krebel Chang, a clinical associate professor of business
law and ethics at Boston University said she wasn't surprised by
the ruling given that state court decisions around the country have
turned out similarly. Until the federal government specifically
addresses the issue, laws affecting marijuana and the workplace
likely will remain hazy, she said.
"This ruling doesn't give employers any more guidance, and it
doesn't give employees any more help either," Ms. Chang added.
Colorado's constitutional amendment that legalized recreational
marijuana expressly states that employers wouldn't be restricted
from having policies that ban pot use by workers.
Some 23 states and the District of Columbia have legalized
medical marijuana. Colorado and Washington state also permit
recreational pot use. Legal experts, however, 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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