A Colorado appeals court ruled last month that an employee’s use of medical marijuana can be cause for dismissal – despite the marijuana being state-licensed and the consumption occurring outside of work and during off hours. This decision coincides with language written into Amendment 64 and recommendations by a state task force that employers can discipline and fire employees for using marijuana outside of work.
The plaintiff in this case argued that since his medical marijuana was legal under Colorado law, he was protected by the Colorado Lawful Off-Duty Activities Statute, a law originally passed to protect employees from being fired for consuming tobacco. The original trial court dismissed the case, ruling that the state law legalizing recreational marijuana only exempted users from prosecution and did not grant them additional rights, such as employment protection.
The appeals court instead ruled 2-1 on the merits of the plaintiff’s original argument – in order to merit protection under the Colorado Lawful Off-Duty Activities Statute, the activity in question “must be permitted by, and not contrary to, both state and federal law.” Therefore, the court ruled that since all marijuana use – both medicinal and recreational – is still prohibited under federal law, the plaintiff is not covered by the Colorado Lawful Off-Duty Activities Statute.
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