Employers Can Fire Medical Marijuana Patients For Private, Off-Duty Use, Colo. Supreme Court Rules
Source: Huffington Post
While medical marijuana is legal in Colorado, employers can still fire patients for using it -- even if they aren't impaired at work.
In a landmark decision Monday morning, the Colorado Supreme Court ruled that Brandon Coats, a quadriplegic medical marijuana patient from Colorado who was fired by Dish Network in 2010 for using the drug while at home and off-duty, was not protected under the state's "lawful activities statute."
Although Im very disappointed today, I hope that my case has brought the issue of use of medical marijuana and employment to light," Coats said in an emailed statement. "If were making marijuana legal for medical purposes we need to address issues that come along with it such as employment. Hopefully views on medical marijuana - like the ones in my specific case -- will change soon.
The arguments from both Dish's and Coats' attorneys centered on the question of what exactly constitutes "lawful" use of medical marijuana outside of the workplace -- and how such use can be considered lawful when federal law still classifies marijuana as an illegal substance, even though the state of Colorado has legalized its use both medically and recreationally.
Read more: http://www.huffingtonpost.com/2015/06/15/brandon-coats-medical-marijuana_n_7585832.html
Jumpin Jack Flash
(242 posts)and have the right to fire human beings? Pay the taxes they've been evading.
DirecTV FTW, even though Dish is HQ'ed here in Littleton.
TexasBushwhacker
(20,183 posts)It's not like he's driving or climbing up telephone poles. Geez!
Comrade Grumpy
(13,184 posts)on point
(2,506 posts)Yo_Mama
(8,303 posts)The CO SC decision was that an activity had to be lawful under both federal and state law to be covered under the statute.
Note that federal law does cover certain mandatory drug testing guidelines and dismissal for some employees, so CO will not be able to pass a state law that makes medical marijuana not grounds for dismissal for all employees. It could amend the statute to provide a more specific definition that would prohibit dismissal for many employees.
pbmus
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hollowdweller
(4,229 posts)There's a lot of places in my state that can't find workers because nobody wants to take the drug test.
They like getting high and the meager salary offered is not enough to tempt them to quit.
Politicalboi
(15,189 posts)And why should we have to quit? They need to get over this. Some of their BEST workers smoke weed. 25 year old meager wages don't help either.
Ed Suspicious
(8,879 posts)of pepsi, or perhaps you had a few drinks this weekend, maybe you hold strong political views, etc.
Response to onehandle (Original post)
Ed Suspicious This message was self-deleted by its author.
Punx
(446 posts)Have joined the Church of Cannabis and used a religious exemption along the lines of Hobby Lobby. What's good for the Goose is good for the Gander.
They_Live
(3,231 posts)I feel the law of unintended consequences should apply to bad Supreme Court decisions.
Politicalboi
(15,189 posts)He could probably have made his own church since they're all fake to begin with. I mean ALL religions are fake, not just the pot ones. There could be something there.
Politicalboi
(15,189 posts)Fuck'em. You can be a full blown alcoholic who beats their kids and wife, but not a pot head on your own time. What medical purpose does booze have? If the states allow medical MJ then they should allow those with medical recommendations to collect "state" disability until they stop testing for MJ. It's NONE of their fucking business what I do off the clock. And until they are ready to pay me for 24 hours I say fuck them. 25 year old wages that can't support anyone does NOT deserve to have me clean to their standards while I have to listen to those who come in with a big head. Or they talk about how much booze they can drink, and I can't even enjoy a joint after work.
If the states have to pay out, they'll drop testing for MJ at jobs where it's legal for recreation or medical.
Punx
(446 posts)I could come to work so hung over that I wouldn't accomplish anything for the day, but I wouldn't test positive for alcohol. Complete hypocrisy here.
The big excuse I have heard here in Oregon from a number of HR (Human Resources) people is that as long as it is on Schedule I there is no medical use for it and the companies can forbid it. Complete bs of course. fyi, there's a fair amount of hysteria about the upcoming July 1 legalization date.
And then corporate America on average views their employees as serfs. And then HR people wonder why at least 2/3rd s of workers are not engaged in their work, meaning they don't really give a damn about the company or how well they are doing their jobs.
sendero
(28,552 posts)... and shows clearly what Dish Network's priorities are. If you use Dish, I would encourage you to send them a message they will understand by cancelling your service.
I recommend a Roku box if you have a decent (3 mbs or faster) internet connection. Unless you are into live sports, you can get all kinds of content from Netflix, Hulu and Amazon Prime for a fraction of the cost of a real (not the fake-ass temporary shit they advertise) Dish account.