Employers are not required to accommodate marijuana use

Submitted on Jul 09, 2015

The Colorado Supreme Court ruled on June 15, 2015 that Colorado employers do not have to accommodate marijuana use in there company policies. This gives employers the ability to terminate based on use. This ends any debate over employer enforcement of no marijuana use in Drug Free Workplace Programs and sends a message nationally that employers should have the right to enforce policies regardless of any recreational or medical marijuana legislation because of the requirements of Federal Government. Marijuana is not a Federally legal drug, therefore employers can establish policies that follow Federal Guidelines.

The ruling was based on Coats v. Dish Network. Brandon Coasts argued that his employer violated state law after terminating his employment for using medical marijuana after work, because he was with in the guidelines of Colorado State Law. After an appeals court upheld a decision that Coat's claim against his employer be dismissed the Colorado Supreme Court reaffirmed the lower courts. The court explained that marijuana use can't be considered lawful because it violates Federal Law.

SAM President Kevin Sabet explained; "This is a victory for every community that does not want to accommodate pot shops and every business owner that cares about safety and health".

Despite the fact this was not a Federal Supreme Court Ruling, this does send a clear message and should help in future employer battles against opposition to drug testing policies and the use of marijuana.