The state Supreme Court ruled
6-0 Monday that a medical marijuana patient who was fired after failing a
drug test cannot get his job back. The case was being watched closely
by employers and pot smokers in states that have legalized medical or
recreational marijuana.
Colorado
became at least the fourth state in which courts have ruled against
medical marijuana patients fired for pot use. Supreme courts in
California, Montana and Washington state have made similar rulings, and
federal courts in Colorado and Michigan also have rejected such claims.
The
Colorado worker, Brandon Coats, is a quadriplegic who was fired by Dish
Network after failing a 2010 drug test. The company agreed that Coats
wasn't high on the job but said it has a zero-tolerance drug policy.
Coats
argued that his pot smoking was allowed under a state law intended to
protect employees from being fired for legal activities off the clock.
Coats didn't use marijuana at work, but pot's intoxicating chemical,
THC, can stay in the system for weeks.
The
Colorado justices ruled that because marijuana is illegal under federal
law, Coats' use of the drug couldn't be considered legal off-duty
activity.
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