Employers Rights Medical Marijuana

Employers Rights Medical Marijuana

Last updated on October 6th, 2020 at 01:31 pm

…Employers Have a right to a Drug Free Workplace Regardless of Medical Marijuana

The unanimous decision by the Colorado Supreme Court in Coats v. Dish Network ruled that an employer could fire an employee for testing positive for marijuana despite the legality of marijuana in that state.  The Colorado Supreme Court got it right, affirming employers’ rights to establish their own policies regarding drug use, including prohibiting marijuana use, because the sale, use and production of marijuana, including use for medical purposes, remains illegal under federal law.

Workplace Drug Testing in the Era of Legal Marijuana

This Report from IBH provides guidance for employers about drug testing employees and job applicants for marijuana use in the workplace.

June 30, 2015 –  Colorado Supreme Court Provides a Moment of Sanity on Marijuana

Commentary from IBH President Robert L. DuPont, M.D. – 

Doctor DuPont served as the first Director of the National Institute on Drug Abuse (1973-1978) and as the second White House Drug Chief (1973-1977).

In a unanimous (6-0) decision on June 15, 2015 in Coats v. Dish Network, the Colorado Supreme Court, ruled that an employer could fire an employee for testing positive for marijuana in that state despite the legality of both medical and recreational marijuana, even if the marijuana use were based on a physician’s recommendation and even if the marijuana use were limited to nonworking hours away from the workplace. The Colorado state marijuana laws are in conflict with the federal law, under which marijuana is an illicit substance and in this Supreme Court ruling, marijuana use was therefore considered “illegal.” This finding is expected to have wide impact in Colorado and throughout the country in other states with varying marijuana laws. 

Read more from Robert L. DuPont, M.D. President, Institute for Behavior and Health, Inc.