Firing Medical Pot User Upheld In Colorado

The Colorado Supreme Court has ruled that using medical marijuana, which is permitted under state law but prohibited under federal law, is not a “lawful activity” under Colorado’s statute. That means that Colorado employers can administer drug-free workplace and testing policies, including taking adverse action on the basis of a positive test result, even if the employee has a physician’s recommendation for medical marijuana. “Employers may take adverse employment action, including dismissal, against prospective and current employees based on their use of substances deemed illegal under state and/or federal law without exposure under the lawful activities statute,” write attorneys from Littler Mendelson. However, they also note that in order to avoid a challenge to an adverse action there are some cautions that employers must observe with regard to how they formulate their policies and procedures.