Businesses can enforce drug-free workplace policy, judges rule Email
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Tuesday, June 23, 2015 07:48 AM

Colorado state capitolA recent opinion issued by the Colorado Supreme Court has big implications in the workplace. The judges upheld the decision of the lower courts in Coats vs. DISH Network in a unanimous ruling on June 15, 2015. [Read the full ruling here.]

In the case, an employee who used medical marijuana—prescribed by a physician and legal in the state of Colorado—was fired under DISH’s drug-free workplace policy. The employee maintains that he used the drug outside of work hours and not on DISH property and felt that he was wrongfully terminated. The court maintained that since marijuana use violates federal law, DISH Network was within its rights to fire him.

The decision reinforces the right of employers to have and enforce a zero-tolerance drug policy. If an employee tests positive for use of an illegal substance, the employer may terminate the employee. Courts have made similar rulings, in favor of the employer, in California, Montana, and Washington.

The Colorado case called into question the state’s Lawful Off-Duty Activities Statute (C.R.S. 24-34-402.5) , which allows that employees cannot be fired for participating in any lawful activity while off the clock. For example, a person may be fired for drinking in the workplace, but they may not be fired for having a cocktail at home if they are above the legal drinking age.

Those who oppose the ruling argued that if the use is off-duty and is legal under state law, then the use should be considered legal and therefore lawful. But state law did not trump federal law in Coats vs. DISH, judges explained. DISH, a national employer, did not have to make an exception for employees in Colorado who use pot legally.

At this point, business owners don’t need to scrap their zero-tolerance policies as long as marijuana use remains illegal according to federal law. But as marijuana use gains legal status across in the US, employers can expect that these policies will continue to be challenged.

Colorado marijuana industry leaders and lawmakers are already discussing a possible bill, to be introduced in the fall, that would clarify laws and treat medical marijuana use the same way other prescription drugs are treated when it comes to workplace drug policies.

Read more in this issue of Colorado Green NOW:
Stingless wasps released in Boulder to target EAB
Million Pollinator Garden Challenge launched
Turning a passion for sustainability into a marketing benefit
Top 10 landscape trends for this season