Teh One Who Knocks
06-16-2015, 11:26 AM
Jaclyn Allen - 7 News Denver
DENVER - The Colorado Supreme Court issued a ruling Monday affirming a lower court's decision to uphold the firing of an employee for using medical marijuana off-duty.
"Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the (lawful activities statute)," the justices concluded.
The case involved 35-year-old Brandon Coats, a quadriplegic medical marijuana patient who was fired from his job at the Dish Network after failing a drug test in 2010. Coats said he needed the drug to help with violent spasms and seizures he has suffered since he was paralyzed from the chest down in a car accident.
Coats told 7NEWS his spasms weren't little twitches, they were violent spasms.
"My doctor recommended marijuana, and it was like a miracle. My spasms went away almost completely," said Coats.
Coats said he didn't use marijuana at work and wasn't accused of being high on the job.
Coats said he received high praise for his job performance in his third year at Dish until the company conducted a random, saliva-based drug test and fired him.
Dish said that because pot is still illegal federally, medical marijuana is not a lawful activity covered by a state law intended to protect cigarette smokers from being fired for legal behavior off the clock. The trial court, Court of Appeals at State Supreme Court all agreed with that interpretation.
"Having decided this case on the basis of the prohibition under federal law, we decline to address the issue of whether Colorado’s Medical Marijuana Amendment deems medical marijuana use 'lawful' by conferring a right to such use," the State Supreme Court wrote.
Dish issued a statement that said, "Dish is committed to its drug-free workplace policy and compliance with federal law, which does not permit the use of marijuana, even for medicinal purposes."
"It we are going to pass laws making medical marijuana legal, we need to address the issues that go along with it," Coats said. "I have been unemployed for five years and fighting this lawsuit. It's been rough, but it's been worth it. I would do it all again."
Coats said he now plans to advocate for new laws protecting people like him.
The legal community said the case was being closely watched by other states as a precedent-setting measure.
"I think employers feel like it's a victory," said Whitney Traylor, an assistant professor of employment law at Metro State University of Denver. "It expands their rights, and there is no longer a grey area. It clarifies their rights to act autonomously and terminate employees who violate their drug policy."
DENVER - The Colorado Supreme Court issued a ruling Monday affirming a lower court's decision to uphold the firing of an employee for using medical marijuana off-duty.
"Employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the (lawful activities statute)," the justices concluded.
The case involved 35-year-old Brandon Coats, a quadriplegic medical marijuana patient who was fired from his job at the Dish Network after failing a drug test in 2010. Coats said he needed the drug to help with violent spasms and seizures he has suffered since he was paralyzed from the chest down in a car accident.
Coats told 7NEWS his spasms weren't little twitches, they were violent spasms.
"My doctor recommended marijuana, and it was like a miracle. My spasms went away almost completely," said Coats.
Coats said he didn't use marijuana at work and wasn't accused of being high on the job.
Coats said he received high praise for his job performance in his third year at Dish until the company conducted a random, saliva-based drug test and fired him.
Dish said that because pot is still illegal federally, medical marijuana is not a lawful activity covered by a state law intended to protect cigarette smokers from being fired for legal behavior off the clock. The trial court, Court of Appeals at State Supreme Court all agreed with that interpretation.
"Having decided this case on the basis of the prohibition under federal law, we decline to address the issue of whether Colorado’s Medical Marijuana Amendment deems medical marijuana use 'lawful' by conferring a right to such use," the State Supreme Court wrote.
Dish issued a statement that said, "Dish is committed to its drug-free workplace policy and compliance with federal law, which does not permit the use of marijuana, even for medicinal purposes."
"It we are going to pass laws making medical marijuana legal, we need to address the issues that go along with it," Coats said. "I have been unemployed for five years and fighting this lawsuit. It's been rough, but it's been worth it. I would do it all again."
Coats said he now plans to advocate for new laws protecting people like him.
The legal community said the case was being closely watched by other states as a precedent-setting measure.
"I think employers feel like it's a victory," said Whitney Traylor, an assistant professor of employment law at Metro State University of Denver. "It expands their rights, and there is no longer a grey area. It clarifies their rights to act autonomously and terminate employees who violate their drug policy."