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Colorado High Court to Decide If Employers Must Allow Marijuana Use

Colorado High Court to Decide If Employers Must Allow Marijuana Use

By JOE PALAZZOLO
Updated Sept. 30, 2014

While State Allows Medical and Recreational Use of Drug, Federal Law Doesn’t

 

Colorado has permitted marijuana use for several years. Now, the state’s highest court is poised to decide whether employers there are required to allow workers to do so as well.

The Colorado Supreme Court heard arguments Tuesday in a lawsuit brought by a medicinal-marijuana user who was fired in 2010 after failing a company drug test.

Dish Network DISH -0.03% LLC dismissed Brandon Coats after he tested positive for the active ingredient in marijuana. Colorado passed a law permitting medical marijuana in 2000, and legalized marijuana for recreational use in 2012, but the drug is prohibited under federal law.

Mr. Coats, who sued the company in 2011, alleged that Dish Network violated a Colorado law that prohibits an employer from firing an employee for “engaging in any lawful activity off the premises of the employer during nonworking hours.”

“We are not arguing that it’s a constitutional right, but we are arguing that it’s lawful,” said Michael Evans, Mr. Coats’s lawyer, in court Tuesday.

http://online.wsj.com/articles/colorado-high-court-to-decide-if-employers-must-allow-marijuana-use-1412103579






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