Tuesday, June 16, 2015

The Colorado Supreme Court rules that an employee who tests positive for marijuana can be fired.

The plaintiff in this closely watched case is a paraplegic who uses medical marijuana to control spasms.  He was fired when he tested positive for cannabis.  His attorneys argued that under Colorado's statute, that protects employees from discipline for legal activities outside the workplace, their client was wrongfully discharged.  The Supremes disagreed, finding that since marijuana use is still  illegal under federal law, the ex-employee was unprotected by the state statute.
Assuming that this decision is influential nationally, it's helpful to employers who may be wondering how they reconcile their states' medical/recreational marijuana laws with the federal Drug Free Workplace Act.  If other courts follow the Colorado lead, then the Drug Free Workplace Act should trump any state laws that run in the opposite direction.

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