In a decision receiving national attention, the Colorado Supreme Court unanimously ruled today that employers can fire employees who are licensed by the state to use medical marijuana.
Colorado's Lawful Activities Statute makes it illegal for employers to fire employees based on their "lawful" activity outside the workplace. The plaintiff was fired by Dish Network for violating the company's drug policy, despite the fact that he had a state-issued license for medical marijuana use. The plaintiff therefore claimed his termination violated the Lawful Activities Statute.
The Court, however, addressed whether the word "lawful" as used in the statute means permitted by both state and federal law. Because marijuana use remains unlawful as a matter of federal law, the Court held that the plaintiff's use of marijuana did not constitute "lawful" activity within the meaning of the statute. "Nothing in the language of the statute limits the term 'lawful' to state law. Instead, the term is used in its general, unrestricted sense, indicating that a 'lawful' activity is that which complies with applicable 'law,' including state and federal law."
The full text of the decision is here.