© 2024 KVNF Public Radio
MOUNTAIN GROWN COMMUNITY RADIO
Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Reactions To Colorado's Supreme Court Decision On Medical Marijuana In The Workplace

Colorado Supreme Court

The Colorado Supreme Court ruled unanimously Monday that companies can legally fire employees for using medical marijuana, even off duty.

The decision is based on the case of Brandon Coats, a quadriplegic who takes medical marijuana to control muscle spasms in his legs. Dish Network fired him from his job as a customer service representative in 2010 after he failed a random drug test. Coats then sued for unlawful termination.

"Businesses should be allowed to have zero tolerance drug policies," said Karen Harned, an attorney with the National Federation of Independent Business. "We definitely sympathized with the original plaintiff, but work drug policies are there to protect everyone."

Medical marijuana advocates said the ruling is disappointing and would force patients like Coats will have to choose between working or taking a drug they need.

"The question is do employers really need that much power over their employees on something that doesn't impact them" said Mike Elliot, the Executive Director of the Marijuana Industry Group. "This is obviously a disappointing ruling for patients, but it's the beginning of the conversation."

Elliot said he's optimistic lawmakers will address the issue in the next legislative session and clarify the law to make medical marijuana similar to other medications and prescription drugs. Rep. Jonathon Singer (D-Longmont) said he's already in discussions with other lawmakers about a bill to do just that.

"I think we need that same clarity for workplaces, you should have a right to use your medication, in an appropriate time and place," said Singer.

He notes that the legislature just passed a law to allow underage medical marijuana patients to use medical marijuana while going to school (SB 15-14 [.pdf]), however he thinks the workplace issue will be harder to pass. Any bill would need support from both parties to clear the Democratic controlled House and Republican controlled Senate.

"I think this will be a little big more challenging than a lot of other bills, because you're going to see the interaction of labor versus management, civil liberties and a free market are potentially coming into conflict," said Singer.

Copyright 2015 KUNC

Bente Birkeland
Bente Birkeland has been reporting on state legislative issues for KUNC and Rocky Mountain Community Radio since 2006. Originally, from Minnesota, Bente likes to hike and ski in her spare time. She keeps track of state politics throughout the year but is especially busy during the annual legislative session from January through early May.
Related Content