Colorado’s Supreme Court is considering whether employers may fire workers for using medical marijuana. Brandon Coats, the Plaintiff, was fired by Dish Network in 2010 from his job as a customer service representative. Coats is licensed by the state of Colorado to use medical marijuana which is legal in the state. Dish Network fired Coats after he tested positive for marijuana, a violation of Dish Network’s drug policy. Coats claims he never used nor was under the influence of marijuana while on the job.

Coats sued Dish Network claiming that his termination violated Colorado’s Lawful Activities Statute. That statute prohibits an employer from discharging an employee for engaging in any lawful activity off work premises during nonworking hours. Coats acknowledges that medical marijuana is illegal under federal law, but argues that his use was nonetheless legal under state law and that the statutory term “lawful activity” refers only to state, not federal law. Therein lies the crux of the case: is medical marijuana, which is legal in Colorado, but illegal federally, actually lawful under Colorado’s Lawful Activities Statute. Two lower courts have said no. The case is now before the Colorado Supreme Court.

Coats is asking the court to consider only state law in deciding what is lawful under the state’s off-duty activities statute. Opponents argue that limiting the off-duty activities statute only to Colorado law could bring absurdities, such as having someone convicted of a serious federal crime not being able to be fired from their job in Colorado.

Despite the legalization of both medical and recreational marijuana, Colorado law does not require employers to allow marijuana use or to accommodate the use of medical marijuana. Dish Network argues that Colorado’s medical marijuana law doesn’t even guarantee patients the right to use marijuana. Rather, Dish Network points out that it is merely an affirmative defense or an exception to state criminal laws, not a broad right.

Although the outcome of this case will not set precedent in Ohio, the case has received national attention. Currently, 23 states plus the District of Columbia have laws allowing the use of medical marijuana. If you have any questions about this case, please contact FHKA.

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