This decision could be huge and have far reaching implications for medical MJ users everywhere. I hope they do the right thing.
The Colorado Supreme Court on Monday is expected to issue a ruling on whether businesses can fire workers who use medical marijuana when off the clock.
The decision comes nine months after the state’s highest court heard oral arguments in Brandon Coats’ case against Dish Network.
Coats vs Dish Network
Was Coats impaired while at work? “It doesn’t matter if he was impaired or not. It’s a violation,†Dish attorney Meghan Martinez said of Coats’ admitted marijuana use at home
More companies are drug testing: Some employers are taking a tougher stance against workers’ drug use since recreational marijuana became legal in Colorado
Coats, a quadriplegic man who used marijuana off-duty to control muscle spasms, was fired in 2010 by Dish after failing a random drug test.
Coats challenged Dish and its company policy, claiming that his use was legal under state law. The firing was upheld in both trial court and the Colorado Court of Appeals.
When the case went to the Colorado Supreme Court, legal observers said the case could have significant implications for employers across the state.
They also noted that the ruling could be precedent-setting as Colorado and other states wrangle with adapting laws to a nascent industry that is illegal under federal law.
As such, the question at hand is whether medical marijuana is “lawful†under the state’s Lawful Off-Duty Activities Statute.
The justices’ ruling would establish a legal framework in how employers tolerate medical marijuana use by workers when off the job. It also could provide clarity in recreational marijuana use.
Six of the seven justices are deciding the case. Justice Monica Marquez recused herself because her father, retired Senior Judge Jose D.L. Marquez, was on the Court of Appeals panel that upheld Coats’ firing.
If a tie were to take place, the lower court’s ruling would stand.
What’s interesting is that one can be blasted out of their mind on prescribed opiates at work, apparently that’s just fine with most employers. Have a little MJ, and you’re out of there.
:weedspin :weedspin :weedspin