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onehandle

(51,122 posts)
Mon Jun 15, 2015, 02:31 PM Jun 2015

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 I’m 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 we’re 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

17 replies = new reply since forum marked as read
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Employers Can Fire Medical Marijuana Patients For Private, Off-Duty Use, Colo. Supreme Court Rules (Original Post) onehandle Jun 2015 OP
Dish wants to be treated like a citizen Jumpin Jack Flash Jun 2015 #1
He's quad TexasBushwhacker Jun 2015 #2
Job seekers are going to have to start loudly boycotting such employers. Comrade Grumpy Jun 2015 #3
This is wrong. Company should have no say on private time on point Jun 2015 #4
Colorado says they don't as long as the activities are lawful Yo_Mama Jun 2015 #16
Gotta remember what the USA really cares about ... pbmus Jun 2015 #5
Guess he will have to file for disability. hollowdweller Jun 2015 #6
The meager salary is right Politicalboi Jun 2015 #12
I guess by extension they should be able to fire you for chemo, or drinking coke instead Ed Suspicious Jun 2015 #7
This message was self-deleted by its author Ed Suspicious Jun 2015 #8
He should Punx Jun 2015 #9
I like the cut of your jib They_Live Jun 2015 #10
Thank you Punx Jun 2015 #14
Very good idea Politicalboi Jun 2015 #13
Start making the states pay for disability Politicalboi Jun 2015 #11
I've said much the same thing myself Punx Jun 2015 #15
This case is pretty ill-inducing.... sendero Jun 2015 #17
 

Jumpin Jack Flash

(242 posts)
1. Dish wants to be treated like a citizen
Mon Jun 15, 2015, 02:32 PM
Jun 2015

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.

Yo_Mama

(8,303 posts)
16. Colorado says they don't as long as the activities are lawful
Tue Jun 16, 2015, 10:42 AM
Jun 2015

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

(12,422 posts)
5. Gotta remember what the USA really cares about ...
Mon Jun 15, 2015, 04:04 PM
Jun 2015

CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS
CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS, CORPORATIONS

 

hollowdweller

(4,229 posts)
6. Guess he will have to file for disability.
Mon Jun 15, 2015, 04:34 PM
Jun 2015


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)
12. The meager salary is right
Tue Jun 16, 2015, 01:45 AM
Jun 2015

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)
7. I guess by extension they should be able to fire you for chemo, or drinking coke instead
Mon Jun 15, 2015, 05:32 PM
Jun 2015

of pepsi, or perhaps you had a few drinks this weekend, maybe you hold strong political views, etc.

Response to onehandle (Original post)

Punx

(446 posts)
9. He should
Mon Jun 15, 2015, 07:19 PM
Jun 2015

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.

 

Politicalboi

(15,189 posts)
13. Very good idea
Tue Jun 16, 2015, 01:48 AM
Jun 2015

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)
11. Start making the states pay for disability
Tue Jun 16, 2015, 01:35 AM
Jun 2015

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)
15. I've said much the same thing myself
Tue Jun 16, 2015, 10:19 AM
Jun 2015

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)
17. This case is pretty ill-inducing....
Wed Jun 17, 2015, 09:12 PM
Jun 2015

... 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.

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