The Colorado Supreme Court held that an employer may fire an employee who fails a drug test for using marijuana when off the job, even if the employee has a legal prescription for the marijuana.
Brandon Coats, a quadriplegic, was fired by Dish Network for using marijuana when off the job. He had a legal prescription to deal with muscle spasms. Mr. Coats failed a company drug test, and Dish Network fired him.
Marijuana is legal in Colorado. Mr. Coats sued alleging wrongful termination. He argued that since marijuana was legal in Colorado for medicinal use, and therefore it was legal for purposes of employment law. The dismissal occurred before Colorado legalized marijuana for recreational use.
The lower court dismissed Coats’ claim holding that the legalization of medical marijuana did not make the use of marijuana a “lawful activity” that would be protected against employment discrimination.
At the appeals level, the court held for Dish Network, but for a different reason. The Appeals Court held that Coats was terminated properly because marijuana is prohibited by federal law. The Colorado Supreme Court upheld the Court of Appeals decision. The Court found that Coats violated the Colorado “lawful activities statute.” This Colorado law provides that employees cannot be fired for participating in activities that are lawful under state and federal law. Since medical marijuana is illegal under federal law, Dish Network did not violate the law by firing him.
This decision is a positive one for Colorado employers, giving Colorado employers the ability to regulate drug use in the workplace. While limited to Colorado, the case decision may get attention as more states legalize marijuana use.
