Business Owners in Colorado Can Dismiss Employees Who Use Marijuana

This week, the Supreme Court of Colorado unanimously ruled (6 to 0) that patients who consume marijuana, even if it is for medical use, and who have been fired after testing positive in a drug inspection will not be able to get their job back if the company they worked for decides as such. This decision therefore backs companies to dismiss workers who consume cannabis, despite the fact that the plant has been legal in the state since 2012, even for recreational use. The ruling has a lot of implications for companies and patients in states that have legalised cannabis.

The Supreme Court made this ruling in the case of the worker Brandon Coats. Coats is quadriplegic, he medicates with the plant and was dismissed from his company in 2010 after he failed a drug test. The company admitted that it is possible the worker never medicated during working hours, however they justified the dismissal as a means of following through with their zero tolerance policy.

However; this is not the only case where a court has ruled in favour of a company and against a patient; similar questions have emerged in states such as California, Montana and Washington.

Until now, a law in Colorado has protected workers from being fired for activities that companies view as illicit but which are legal. Therefore, many people believe that this law should have been used to support the case of the patient. However, the Court determined that the text refers exclusively to legitimate activity on a federal level.

Coats stated that although he is “extremely disappointed”, the decision at least clarifies the situation for workers, especially in matters relating to medical marijuana and employment. The managers of some companies have accepted the measure as they believe it is necessary to create a working environment that is free of drugs and which complies with federal laws.