Because Marijuana use is still illegal under Federal Law, Colorado employers are still able to fire employees for use, but for how much longer?
Colorado Supreme Court to review Brandon Coats firing over marijuana.
The Colorado Supreme Court will review the Court of Appeal’s decision, which affirms that right of colorado employers to fire employees for use of marijuana on their own time, despite it being legal under colorado law. This case particularly refers to medical use, but the implications could spread to recreational use as well.
The Supreme Court will look at whether off-duty marijuana use that is legal under state law is protected by Colorado’s Lawful Off-Duty Activities Statute (The statute prohibiting employers from firing employees engaging in legal activities outside of work, even if they don’t like it). This will also likely impact employers’ “no tolerance policies.”
For some more reading:
See Denver Post articles:
Also, for legal authority on the topic see:
1. C.R.S. 12-43.3-101 et seq. (Medical) and 12-43-4-101 et seq. (retail)
2. Colorado Constitution (Colo. Const. Art. XVIII, Section 16 (2013)) PERSONAL USE AND REGULATION OF MARIJUANA (for your individual rights)
3. Lawful Use Statute: C.R.S. 24-34-402.5
NOTE: laws change constantly, informational purposes only.