Firing Medical Pot User Upheld In Colorado
June 18, 2015
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.
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