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Colo. Supreme Court weighs firing for medical marijuana use

Allowing companies to fire workers for off-duty marijuana use would mean Colorado's law on medical marijuana is only for "the unemployed," a lawyer said.

By Frances Burns
The fate of a man fired for using medical marijuana -- legal in Colorado at the time -- depends on the state Supreme Court's definition of the word "lawful." UPI/Gary C. Caskey
The fate of a man fired for using medical marijuana -- legal in Colorado at the time -- depends on the state Supreme Court's definition of the word "lawful." UPI/Gary C. Caskey | License Photo

DENVER, Sept. 30 (UPI) -- The fate of a man fired for using medical marijuana -- legal in Colorado at the time -- depends on the state Supreme Court's definition of the word "lawful."

While many states now allow marijuana for medical purposes, and Colorado and Washington legalized recreational use earlier this year, the drug remains illegal under federal law. The Colorado Lawful Off-Duty Activities Statute protects workers from disciplinary action for off-the-job behavior, but the question remains -- is marijuana use "lawful."

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Dish Network fired Brandon Coats, a quadriplegic, after a drug test found traces of THC in his system. Dish never suggested Coats had worked stoned or used marijuana on the job, but dismissed him because of its no-tolerance policy for drugs.

At oral arguments Tuesday, Michael Evans, Coats' lawyer, said allowing the firing to stand "means our medical-marijuana amendment is really just for the unemployed." Meghan Martinez, representing Dish, argued there is no "broad right" to use medical marijuana.

The court's ruling could also determine whether Colorado companies can fire employees for off-duty recreational use of marijuana.

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