Although the state of Colorado legalized the use of marijuana for any purpose, the state’s highest court today ruled that employers have the right to fire anyone who does not uphold the employer’s anti-drug use policy. Even if the use of chronic is for medicinal purposes. The ruling upholds decisions made in the lower courts of that state.
The justices displayed legal wisdom and it shows that there are still bright spots in legal systems across the country. According to their decision, for actions to be considered ‘lawful’ they must be ‘activities that are lawful under both state and federal law.’ Unless and until federal criminalization of using pot is lifted, employers will not have to recognize the state’s law.
The lawsuit was prompted by a former employee of Dish Network. He is a quadriplegic who smoked weed at home to alleviate his ailments and never while on the clock. However, he failed the company’s drug test since the THC from the weed was still in his system in violation of company policy, leading to his termination.
Source: Kelsey Harkness, Colorado Supreme Court Rules Companies Can Fire Employees for Using Marijuana, DailySignal.com, June 15, 2015.
Harry A. Gaylord